Removal proceedings are the formal immigration court process used to determine whether a noncitizen may remain in the United States or must be removed. These cases are heard before an immigration judge, and the government is generally represented by an attorney from the Department of Homeland Security.
A removal case often begins with a Notice to Appear, commonly referred to as an NTA. This document lists the factual allegations and legal charges the government is relying on to seek removal. Reviewing the NTA carefully is an important early step because the allegations and charges may affect what defenses or forms of relief are available.
The first court appearances are commonly master calendar hearings. These hearings are generally used to address procedural matters, pleadings, scheduling, and the forms of relief the person intends to pursue. More detailed testimony and evidence are usually presented later during an individual merits hearing.
There are several possible defenses and forms of relief in removal proceedings. Depending on the case, a person may seek cancellation of removal, adjustment of status, asylum, withholding of removal, protection under the Convention Against Torture, certain waivers, or other immigration benefits. Eligibility for each form of relief is based on specific legal requirements.
Evidence is often a critical part of removal defense. This may include immigration records, family documents, medical evidence, criminal records, proof of residence, financial records, affidavits, country-condition evidence, and testimony from the individual or other witnesses. The type of evidence needed depends on the defense being pursued.
Criminal history can significantly affect removal proceedings. Certain convictions may create grounds of deportability or inadmissibility, limit eligibility for relief, or change the legal strategy available in court. Because the immigration consequences of criminal cases can be complex, a detailed review of the criminal record is often necessary.
If an immigration judge orders removal, there may be options to challenge the decision. Depending on the circumstances and applicable deadlines, this can include an appeal to the Board of Immigration Appeals or a motion to reopen or reconsider the case. Some cases may also involve federal court review.
Removal proceedings can move through several stages and may involve strict deadlines, complex eligibility rules, and significant consequences. Rebecca Black Law, P.A. helps clients understand the process, evaluate possible defenses, and prepare for each stage of immigration court proceedings with a focus on protecting their ability to remain in the United States when relief is available.