Removal Proceedings In Immigration Courts
What Is Removal? (Deportation)
Removal is a legal term that is otherwise known as deportation. Removal is a process initiated by the United States government to determine whether a non-US citizen should be removed from the United States. Removal from the United States occurs in three main steps:
- Removal proceedings
- Ordered to deport
- The act of removal/deportation
Grounds Of Removal
Any non-US citizen is potentially subjected to removal proceedings. The Immigration and Customs Enforcement (ICE) initiates removal proceedings against persons under specific grounds of deportation under Code 8 U.S.C.§1227. Some common causes of removal proceedings include:
- Having no legal immigration status
- Inadmissible while entry in the US
- Overstayed their visa
- Violation of green card status terms
- Marriage fraud
- Involved in criminal activity etc.
Understanding Removal Proceedings In The Immigration Court
The Department of Home Security (DHS) commences the removal proceedings by filing a Notice to Appear (NTA) before an Immigration Court. The NTA will also be served on the non-citizen informing him about the nature of proceedings, the allegations, the consequences of such allegations, and his right to be represented by an attorney.
Master Calendar Hearing or the Initial Hearing
The removal proceedings begin with the initial hearing. After receiving the NTA, the respondent will appear before the immigration court with or without an attorney. At this stage, the case will be introduced before the court and the respondent will have the opportunity to accept or deny the allegations brought against him. However, if the respondent fails to appear before the court after receiving the NTA, the proceedings will commence without him and usually, the order of removal will be given.
Individual Calendar Hearing or Merits Hearing
After the initial hearing, the court will set a date for a merit hearing. At this stage, the government must prove all the allegations raised in the NTA. The respondent will also have an opportunity to present their case by submitting applications For relief from removal. Before the heading, both parties are required to submit their arguments and evidence In support of their case. At the end of the hearing, the judge will issue a decision regarding the removability of the respondent from the USA and pass a removal order if necessary.
In case of an unfavorable decision, both the government and the respondent have the right to appeal against it. The appeal must be filed within 15 days of the decision before the board of immigration appeals. Admission of an appeal provides an automatic stay on the removal order.
Immigration Removal Proceedings Attorney In Phoenix
At Rose Law Group, our Immigration team is dedicated to helping and representing you. The first step in this process is for us to understand your particular case. Our goal is to take the time needed to understand your situation inside and out so that we can put you in the best position possible. After your free consultation, you will have a better understanding of the next steps you need to take to help your friend or loved one who is currently being detained.
In Arizona, we represent clients in the following Immigration Courts for bonds:
- Florence Immigration Court
- Eloy Immigration Court
- Tucson Immigration Court
We provide a free confidential consultation. It’s important to us that you understand where you stand currently in the process. Schedule your free consultation today by filling out the form below.