Removal Proceedings
/ Deportation and removal defense
Removal proceedings, also known as deportation proceedings, are legal processes through which the U.S. government seeks to remove foreign nationals (non-U.S. citizens) from the United States due to violations of immigration laws or other grounds for removal. These proceedings are conducted by the U.S. Department of Justice's Executive Office for Immigration Review (EOIR) and are presided over by immigration judges.
Removal proceedings are initiated when a foreign national is issued a Notice to Appear (NTA) by U.S. Immigration and Customs Enforcement (ICE) or another immigration agency. The NTA outlines the reasons for removal and the date and location of the removal hearing.
What are the grounds for Removal?
- Unauthorized entry or unlawful presence in the U.S;
- Violation of immigration status or terms, such as overstaying a visa;
- Criminal convictions or certain criminal activities;
- Fraudulent marriage or other misrepresentations;
- National security concerns or terrorism-related grounds;
- Failure to maintain legal status, such as failing to attend school as required on an F-1 visa.
What is the process?
The removal process includes the following stages:
01
Master Calendar Hearing
An initial hearing to determine the individual's removability and to schedule a future individual merits hearing.
02
Individual Merits Hearing
A more in-depth hearing where the individual has the opportunity to present their case, including any defenses or applications for relief from removal (e.g., asylum, cancellation of removal).
03
Immigration Judge's Decision
The immigration judge issues a decision based on the merits of the case. If the judge orders removal, the individual may have the right to appeal to the Board of Immigration Appeals (BIA).
Do I have the right to legal representation?
Foreign nationals in removal proceedings have the right to legal representation, but they must secure their own attorney at their own expense. Representation is critical in navigating the complex legal issues involved in removal cases.
What are the forms of relief in Removal Proceedings?
Individuals in removal proceedings may be eligible for various forms of relief, such as asylum, withholding of removal, cancellation of removal, or adjustment of status. Eligibility for relief depends on the individual's circumstances and the specific grounds for removal.
What is a Voluntary Departure?
In some cases, individuals may request voluntary departure, which allows them to leave the U.S. voluntarily within a specified time frame without a formal removal order.
How can Kananchuk Law office help with Removal Proceedings?
Call us today to see how we can help you pursue relief from Removal Proceedings.
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