What Is the Deportation or Removal Process?
Charging Document – NTA: When the Department of Homeland Security ("DHS") wants to deport someone from the United States, they give that person a Notice to Appear (NTA). The NTA is similar to an indictment or a summons as it contains information about the individual, his or her nationality, how he or she entered the United States and his or her current immigration status. The NTA also lists the legal reasons why the government believes the individual should be removed from the United States.
Usually, the NTA will not have a date and time for the first hearing. DHS usually marks the bottom portion of the NTA is usually marked "TBD." If your friend or loved one received an NTA, then a hearing notice will be sent to the address listed at the top of the NTA. This is why it is important to tell the government the correct mailing address and to update your address with the Immigration Court any time there is a change. A foreign national may be ordered removed if he or she fails to attend a hearing!
If you or someone you love received an NTA, then it is important to contact an attorney with years of experience defending foreign nationals in deportation and removal proceedings. To schedule a case assessment to discuss your the legal services we can provide to you, email or call us at 866-448-2994 today. We understand that the removal process is difficult for all involved. Our mission is to work with you and your family throughout the process and to fight to keep you and your loved ones together.
There are two phases in removal proceedings. In the first phase to the immigration judge determines whether or not the foreign national can be ordered removed. The second phase is when the IJ whether or not that person can get relief from that finding of removability.
Phase 1 – Subject to Removal: During the first phase of removal proceedings, ICE will present evidence and arguments to the immigration judge explaining why it believes an individual is "subject to removal" under U.S. immigration laws. Foreign nationals can be subject to removal for many reasons, including criminal convictions, terrorist activities, lying to U.S. government officials, overstaying their I-94s (periods of authorized stay), violating the terms of their visa or status, or being present in the United States without having been inspected and admitted (EWI).
After the government shows its evidence why the foreign national can be removed, that person can challenge the government's position. Having an experienced trial attorney who understands the intricacies of challenging the NTA and the underlying evidence could mean the difference between staying and having to leave. If the immigration judge finds in the government's favor, the individual is considered subject to removal.
Phase 2 – Relief from Removal. The second phase of removal proceedings comes after an immigration judge finds a foreign national subject to removal. In this second phase, a person can apply for various forms of relief from removal. These include but are not limited to adjustment of status to that of a permanent resident, cancellation of removal, asylum, withholding of removal, withholding of removal under the Convention against Torture, or certain waivers of the offenses that made the individual subject to removal in the first place.
Applying for relief from removal is time-consuming, complicated and requires much preparation. There is a trial, just like any other lawsuit, where the immigration judge listens to the testimony of the witnesses, reviews the evidence (documents in support) and then makes a decision on the application. The immigration judge first decides if the person is eligible for that application for relief. Then the immigration judge decides whether or not to exercise his or her discretion on the case.
During the relief from removal phase, it is the foreign national's burden to provide the evidence and make arguments for why he or she is eligible to stay. Working with a seasoned immigration trial attorney who understands you and your family's situation is critical to presenting the best case to the judge.
Schedule a case assessment either in person in Cleveland, Ohio, or via telephone. Call us at 866-448-2994.
As soon as you or someone you love receives a Notice to Appear (NTA) or a Notice of Hearing, it is important to contact an experienced and knowledgeable immigration attorney to work with you through the process. The removal process can be frightening without help, and hiring an attorney who cares about you and your family is important for presenting the best case to the court. To discuss our legal representation of you, email or call us at 866-448-2994.
Nationwide Removal Attorney