Q: What rights do foreign nationals have in deportation or removal proceedings?
A: Most importantly, the Fifth Amendment guarantees the right to Due Process. Foreign nationals have the right to legal representation throughout the process; at their own expense. Additionally, the Immigration and Nationality Act requires the Department of Homeland Security to prove removability by “clear and convincing evidence.” Finally, foreign nationals are entitled to examine the government’s evidence and cross examine government witnesses. (This list is not exhaustive.)
Q: What obligations do foreign nationals have in deportation or removal proceedings?
A: All foreign nationals in removal proceedings must appear at all scheduled hearings. Foreign nationals must inform both the Immigration Court AND the Department of Homeland Security as to their current address. Failure to do so could result in the immigration judge ordering their removal in their absence.
Q: What happens during removal proceedings?
A: The government must prove the foreign national is subject to removal. The immigration judge will review the evidence supplied by the government and make a determination whether or not they have sustained their burden of proof. Even if the judge determines the foreign national is subject to removal, the proceedings do not end. Foreign nationals may apply for relief from the removal order via adjustment of status, cancellation of removal, asylum, or a waiver of criminal conviction via 212(c).
Q: What are some of the avenues the government can remove foreign nationals?
A: Foreign nationals are subject to removal for a variety of violations including but not limited to convictions of certain crimes specified in the Immigration and Nationality Act, overstaying their authorized stay (generally determined by the I-94) or entering without inspection by an immigration officer.
Q: What should I do if I receive a Notice to Appear (NTA)?
A: This is the beginning of the removal process. Seek counsel with a qualified attorney.
