What Are Removal Proceedings in the United States?

A major and valid fear for many foreign nationals in the United States is being deported. Understanding what removal proceedings are and how they work is crucial for any immigrant in the United States. Continue reading and consult with an experienced deportation and removal defense attorney in NYC for skilled representation and legal advice.

What Are Removal Proceedings in the U.S.?

Formerly referred to as deportation proceedings, removal proceedings are legal processes that determine whether an individual should be removed from the country. When the U.S. government believes that a non-citizen may not have a valid immigration status or has violated the terms of their visa/status, removal proceedings are initiated to resolve the issue and decide whether the individual will be deported or permitted to remain in the country.

Removal proceedings take place in immigration court, where a judge hears both sides and determines whether a violation occurred and if it warrants removal from the country.

Why Would an Individual Be Deported?

Removal proceedings should only be initiated when a foreign individual has violated the terms of their legal entry or stay in the United States. Some of the most common reasons that an individual may be deported include the following.

• Entering the U.S. without legal authorization
• Overstaying a visa
• Violating the terms of a visa, such as working without authorization
• Falsifying documents or misrepresenting themselves or their relationships
• Becoming a public charge
• National security concerns like terrorism
• Committing certain crimes like aggravated felonies, drug crimes, and crimes of moral turpitude

How Do Removal Proceedings Work?

Removal proceedings generally begin when a Notice to Appear is issued by the Department of Homeland Security (DHS) or one of its branches, namely Immigration and Customs Enforcement (ICE).

The Notice to Appear is a legal document that outlines the charges the government is bringing against the individual and the legal basis for the proceedings. It informs the non-citizen of their obligation to appear before an immigration judge in court.

The individual will likely attend multiple hearings, the first of which is the Master Calendar Hearing, where an immigration judge will review the charges and explain the individual’s rights. If the individual contests the charges against them, additional hearings can be scheduled to allow both parties to present evidence, call witnesses, and make their respective legal arguments.

Once all relevant information has been presented, the judge will issue their decision. They can order the individual to be removed from the country or grant relief that allows them to remain in the U.S. legally. Common relief forms include an adjustment of status, cancellation of removal, and asylum.

It is important to note that if the judge issues a removal order, the non-citizen can appeal the decision and continue fighting for their right to remain in the United States. If you have questions or concerns about deportation, reach out to an experienced immigration attorney today.