Facing Removal Proceedings? Here’s What You Can Do to Fight Back

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Picture of Shawn Sedaghat, Esq.

Shawn Sedaghat, Esq.

Are you or someone you know facing removal proceedings in the U.S.? Don’t worry—you’re not alone. While it may seem overwhelming, you have rights, and there are ways to fight against removal and stay in the country. Today, we’re going to walk through everything you need to know about removal proceedings (US immigration), what to expect, and how to take control of the process.

Let’s dive right into it!

 

What Are Removal Proceedings?

Removal proceedings are a formal legal process where an immigration judge determines whether a non-citizen should be removed from the United States. The process usually starts when the government issues a Notice to Appear (NTA) in immigration court, claiming that you’ve violated immigration laws or are in the U.S. without legal status.

 

While the government wants to remove you, the good news is that this process gives you a chance to defend yourself in front of an immigration judge. You can present your side of the story, and in many cases, fight to stay in the U.S. Let’s explore how the process unfolds.

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Step 1: Receiving a Notice to Appear (NTA)

The Notice to Appear is a document that kick-starts removal proceedings. When you receive this notice, it includes crucial information like the charges against you, the immigration laws you are accused of violating, and when you need to appear in immigration court.

 

It’s crucial to take this document seriously! Missing your court date can result in an automatic removal order, meaning you lose your chance to defend yourself. This is the time to consult an experienced immigration lawyer who can help you navigate the process from start to finish.

 

Key Information on the NTA

  • The nature of the removal proceedings
  • The legal grounds for your removal
  • The alleged violations of immigration law
  • Your right to legal representation (though the government will not provide one)
  • The consequences of not appearing in court

Step 2: The Master Calendar Hearing

Next up is your first court date, also known as the Master Calendar Hearing. This is usually a brief hearing where the judge confirms your identity, explains the charges, and asks whether you agree or disagree with the charges. If you need more time to prepare your case, you or your immigration attorney can ask the judge to schedule a later date.

 

At this point, if you haven’t yet, it’s essential to seek legal counsel. Immigration lawyers can explain your rights, prepare your defense, and guide you through the complicated legal system. During the hearing, your lawyer may also file applications for cancellation of removal, adjustment of status, or any other defenses you might be eligible for.

 

What Happens at the Master Calendar Hearing?

  • The judge reviews the charges against you.
  • You can admit or deny the charges.
  • You may request more time to prepare your defense.
  • The judge will set a date for the Individual Hearing, also called the Merits Hearing.

Step 3: The Individual Hearing (Merits Hearing)

Now, this is where the real action happens! The Individual Hearing is your opportunity to present your defense and explain why you should not be removed from the U.S. This hearing is more in-depth than the Master Calendar Hearing and will involve evidence, witness testimonies, and arguments from both sides.

 

Your immigration attorney will present evidence and legal arguments on your behalf, showing why you should be allowed to remain in the country. Common defenses include:

 

  • Asylum: If you fear persecution in your home country based on your race, religion, nationality, political opinion, or membership in a particular social group.
  • Cancellation of Removal: If you have been in the U.S. for a long time and have U.S. citizen or lawful permanent resident family members who would suffer extreme hardship if you were deported.
  • Adjustment of Status: If you qualify for a green card through family sponsorship, employment, or another path.

During the hearing, both your attorney and the government’s attorney will present their sides to the judge. It’s crucial to present strong, well-documented evidence to support your case.

 

Step 4: The Immigration Judge’s Decision

After the Individual Hearing, the immigration judge will issue a decision. If the judge decides in your favor, the removal proceedings will be terminated, and you will be allowed to stay in the U.S.

 

However, if the judge rules against you, they will issue a removal order, which means you will be deported unless you appeal the decision. You have 30 days to file an appeal with the Board of Immigration Appeals (BIA). While this process can feel daunting, remember that many people successfully appeal their cases and get another chance to stay in the country.

Common Defenses in Removal Proceedings

Here are some of the most common ways to fight back during removal proceedings:

 

1. Cancellation of Removal

This is one of the most popular forms of relief during removal proceedings. Cancellation of removal allows you to remain in the U.S. if you meet specific criteria. For lawful permanent residents, you must have lived in the U.S. for at least 7 years and held a green card for at least 5 years. For non-permanent residents, you must have lived in the U.S. for at least 10 years and prove that your removal would cause extreme hardship to your U.S. citizen or lawful permanent resident family members.

 

2. Asylum and Withholding of Removal

You may be eligible for asylum if you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a social group. If you qualify, the immigration judge can grant you asylum, allowing you to remain in the U.S. and eventually apply for a green card.

 

3. Adjustment of Status

If you are already eligible for a green card, you may be able to apply for adjustment of status during removal proceedings. This defense allows you to change your status to that of a lawful permanent resident without leaving the U.S.

 

4. Voluntary Departure

Sometimes, it may be in your best interest to request voluntary departure. While this option still requires you to leave the U.S., it avoids the penalties of a removal order and allows you to apply for a visa in the future.

 

5. Relief Under the Convention Against Torture (CAT)

If you can show that you will likely be tortured if you return to your home country, you may be eligible for protection under the Convention Against Torture. This can prevent your removal from the U.S.

Defenses in Removal Proceedings

Immigration Appeals: Your Right to Fight Back

Did the immigration judge issue a removal order? Don’t worry—you can still appeal the decision. You can file an appeal with the Board of Immigration Appeals (BIA) within 30 days of the judge’s decision. Filing an immigration appeal pauses the removal order, allowing you to continue fighting your case.

 

During the appeal, you and your attorney can present new evidence or argue that the immigration judge made a mistake. Appeals take time, but they offer another opportunity to stay in the U.S.

 

Exclusion Proceedings: A Related Process

While removal proceedings deal with individuals already in the U.S., exclusion proceedings apply to those seeking entry into the country. If a non-citizen arrives at a U.S. port of entry but is found inadmissible, they may face exclusion proceedings instead of removal proceedings. The process is similar, but the goal is to determine whether the individual should be allowed to enter the U.S. in the first place.

National Security Concerns in Removal Proceedings

In rare cases, removal proceedings may be triggered due to national security concerns. This occurs when the government believes someone poses a threat to U.S. security. These cases receive additional scrutiny and often involve stricter legal processes.

 

Conclusion: Take Charge of Your Defense

If you’re facing removal proceedings, it’s essential to take action and fight back. You have the right to defend yourself in immigration court and explore all available options to remain in the U.S. Whether it’s through cancellation of removal, asylum, or another form of relief, you can take charge of your situation with the help of an experienced immigration lawyer. Don’t face these proceedings alone—get the legal support you need to protect your future.

FAQs

1. What is a Notice to Appear (NTA)?

A Notice to Appear (NTA) is the document that officially starts removal proceedings. It lists the charges against you, the immigration laws you’re accused of violating, and when you need to appear in immigration court.

 

2. Can I appeal a removal order?

Yes, you can file an immigration appeal with the Board of Immigration Appeals (BIA) within 30 days of the judge’s decision. This will temporarily pause the removal order while your appeal is being reviewed.

 

3. What is cancellation of removal?

Cancellation of removal is a defense that allows certain individuals to stay in the U.S. if they meet specific requirements. For instance, lawful permanent residents can qualify if they have been in the U.S. for at least 7 years and meet other criteria.

 

4. Can I get a green card during removal proceedings?

Yes! If you’re eligible, you can apply for adjustment of status to change your immigration status to a lawful permanent resident while in removal proceedings.

 

5. What happens if I miss my immigration court hearing?

Missing your court hearing without a valid reason can result in an automatic removal order, meaning you’ll lose your chance to present your defense. Make sure you attend all your scheduled hearings!

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