What to Expect During Removal Proceedings

A removal proceeding, commonly referred to as a deportation proceeding, is a very serious situation. Essentially, the United State government is beginning a legal procedure that might lead to the person’s deportation. In practice, removal procedures might be opened against any non-citizen. Typically, immigrants who have completed the naturalization process and have achieved U.S. citizenship status cannot be removed. However, in the case that an immigrant uses misrepresentation or fraud to obtain a green card, the U.S. government has the ability to deport those citizens. 

If you face deportation, it’s important to know what to expect during the removal proceedings. Discuss your case with an attorney at Ahlgren Law to explore your specific options. 

What is a Removal Proceeding?

In a removal proceeding, your immigration status is challenged by the U.S. government, which is attempting to remove you. You will need to make an appearance with an immigration judge. Nearly all non-citizens can be deported, although the reasons for the removal process vary case by case. A few instances include: 

• An unlawful resident is taken into custody by immigration enforcement
• An individual applying for asylum is denied and referred to an immigration judge
• An immigrant with a green card is convicted of a significant crime
• A student with an F-1 visa no longer goes to school but does not depart the United States
• The USCIS determines a fraudulent marriage, therefore denying conditional status for a green card holder

What Does the Removal Proceedings Process Involve?

The removal proceedings begin when the U.S. government issues a Notice to Appear, a document containing the allegations against the defendant. The immigration judge must prove the allegations to determine whether you are removable from the U.S. 

If you’ve received a notice for a removal proceeding, you’ll need to be familiar with the process so you know what to expect. 

• Master Calendar Hearing. During the first hearing, which is called the master calendar hearing, a judge will assess the case presented by the government and determine if any realistic basis for relief exists. If not, the judge may order you to be deported. An attorney is an important resource during this stage, as our legal guidance significantly increases your chances to continue to the next steps. 

• Individual Hearing. In this stage of the proceedings, you can make a stand in order to defend yourself from deportation. With the help of an attorney, you can present evidence to seek relief and submit an application to suspend the removal proceedings. This hearing usually lasts between one to four hours. 

• Appeals. Defendants may appeal the judge’s decision. If the judge has determined that the government can deport you, the appeal will provide an automatic stay. This means that the government cannot remove you during the time of the pending appeal. After the judge’s decision, you will need to file an appeal within thirty days. 

Throughout the removal procedures, an attorney can explain each step and ensure that you can explore every option before proceeding. Call our attorneys at Ahlgren Law to discuss your case.