Deportation & Removal Proceedings Law Firm
What Is the Deportation or Removal Process?
Charging Document – NTA. When the government wants to deport someone from the United States, the first step is to give that person a Notice to Appear (NTA). The NTA is similar to an indictment or a traffic ticket as it contains information about the individual, her nationality, how she entered the United States, and her current immigration status. The NTA also lists the 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. The bottom portion of the NTA is usually marked “TBD.” If your friend or loved one has 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 fails to attend a hearing!
If you or someone you love has 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 case, 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. The first phase is to determine whether or not the immigration judge can can order removal. The second phase is to determine whether or not that person can get relief from that removal order.
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 deportation proceedings could mean the difference between staying or 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 tesitmony 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. The the immigration judge decides whether or not to exercise his or her discretion on the case. During 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, OH or Charlotte, NC 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 speak with an attorney about your case, email or call us at (866) 448-2994.
Cleveland Deportation Lawyer
Nationwide Removal Attorney