What is the Removal Process?

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What is the Removal Process?

The removal process is used by immigration courts in order to determine whether a person should be removed (deported) from the country.  Removal can apply to aliens for various reasons.  For instance, an alien may become subject to the removal process if they entered the country illegally, or if they commit certain types of crime. 

The removal process has various steps; these may or may not lead to the issuing of a formal removal order, depending on the facts of each case.

How Does the Removal Process Start?

The removal process generally begins when the person in question is sent a “Notice to Appear”.  This is a formal government document that informs the person of information related to their removal case, including:

Once the actual hearings begin, the person being summoned to appear may be subject to various interviews and other processes.  The purpose is to review the evidence which will prove whether or not the person is removable.  As mention, removal may occur for a variety of reasons, but a common reason is the commission of a serious crime.

Is There Any Relief From Removal?

In some cases, relief from removal may be available to the person.  For instance, cancellation of removal may apply in some cases.  These types of relief will of course b e subject to proof and evidence. 

Another aspect of removal cases is the idea of “suspension of removal”.  This is where the removal proceedings are suspended or delayed due to an administrative need (for instance, if the person is involved in an ongoing court case.  While this is not a permanent remedy, it does involve a temporary suspension of the removal process.

Do I Need a Lawyer for Help With the Removal Process?

The removal process can often be very complicated and confusing to some people.  You may need to hire a qualified immigration lawyer if you or a loved one of yours needs assistance with the removal process.  Your attorney can inform you of your legal rights throughout the process.  Also, immigration laws are subject to frequent change, but your attorney can keep you up to speed. 

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Last Modified: 04-17-2013 04:04 PM PDT

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