What are Removal Proceedings?
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What are Removal Proceedings?
Removal proceedings are a type of legal process connected with removal cases. Removal hearings may be required if an alien commits certain crimes or violations. These may include: entering into the U.S. illegally; committing certain felonies; and committing certain offenses repeatedly.
Removal proceedings are generally held before an immigration judge who is appointed to hear removal cases. The proceedings may also involve participation from other persons such as attorneys and members of an immigration board who are trained to review removal cases.
Who is Subject to Removal Proceedings?
Non-citizen aliens who are suspected of being removable may be subject to removal proceedings. These proceedings are usually done individually, on a case-by-case basis. Removal/deportability grounds may include:
- Overstaying a visa
- Violations of criminal statutes
- Denial of immigration petition applications
- Other problems or issues which might make a person’s presence in the U.S. illegal
A person is summoned to a removal proceeding thorough a Notice to Appear (NTA). The notice informs the person of their case and instructs them further regarding the removal proceedings.
What Can Be Expected During Removal Proceedings?
The individual can expect a thorough examination of the evidence related to their removal case. During the proceedings, the alien will be allowed to present their case to the immigration judge. This may include statements from witness, expert testimony, and evidence such as documents. These may all be used to help prove that the person should not be removed from the U.S.
Can the Results of Removal Proceedings Be Appealed?
In some cases, the results of a removal proceeding may be appealed. This is especially true if there was some sort of administrative error in the process, such as a defect with the Notice to Appear, or an administrative oversight. If an appeal is not allowed or granted, the person will then be ultimately removed from the country.
Also, besides appeals, some non-citizens may be granted relief from deportation, such as cancellation of removal or a temporary suspension. These are granted on a case-by-case basis, and generally require the assistance of an attorney.
Do I Need to Hire a Lawyer for Help With Removal Proceedings?
Removal proceedings are very important procedures that can determine the future of a person or their family. If you or your loved ones require legal assistance with removal proceedings, you should hire an immigration lawyer immediately. Your attorney will be able to provide you with legal advice and representation on the matters. Immigration laws and policies frequently change, but your attorney can help keep you current when it comes to your rights under immigration laws.
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Last Modified: 04-18-2013 10:49 AM PDT
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