Understanding Removal Proceedings: Your Rights and Possible Defenses
It is understandable that being placed in removal proceedings can be a daunting experience. For many non-citizens, this is the first time they have had any direct contact with the immigration court. It is a life-changing experience. It is important that non-citizens understand the process of removal proceedings and that there are potential defenses available.
Understanding removal proceedings
Removal proceedings start when the Department of Homeland Security sends the individual a document called a Notice to Appear. This document states the government’s charges and reasons why the DHS thinks the individual is removable under U.S. law. The individual’s removal proceedings are then scheduled in front of a judge in immigration court.
Immigration court is not the same as criminal court. It is a civil court. There is no automatic right to a government-appointed attorney. This means that individuals have the choice of hiring their own attorney or representing themselves.
The immigration court process
Removal proceedings often require several hearings to be conducted. The initial hearings will be focused on establishing the identity of the person, examining the charges, and establishing whether they are removable or not. The subsequent hearings will be focused on whether they are eligible to receive any form of relief or defense against removal.
In the process, an individual has a right to defend themselves by presenting evidence, testifying, and even calling witnesses to defend against the claims of the government. However, if an individual fails to show up to a scheduled hearing, they will be subject to an automatic removal order.
Common defenses for removal
Being placed in removal proceedings does not mean that you’ll automatically be deported. In fact, many individuals are eligible to receive some type of relief depending on their immigration history, family ties, length of stay in the United States, and so forth.
Some of the possible defenses include:
- Adjustment of status – This allows certain individuals to seek lawful permanent residence while in removal proceedings.
- Cancellation of removal – This could be available for long-term residents.
- Asylum – You can argue that you fear persecution or harm in your home country to avoid being sent back there.
- Waivers of inadmissibility – These address immigration and criminal problems.
- Voluntary departure – This allows an individual to voluntarily leave the United States without being formally removed.
Why timing and strategy matter
You need to be aware of the fact that immigration court cases proceed quickly, and failure to adhere to deadlines and proper documentation can result in serious repercussions. The statements made in court may also impact any potential immigration opportunities in the future. There can be overlapping issues in removal proceedings, such as previous violation of a visa, criminal history, and family petitions.
Talk to a Miami, FL, Immigration Attorney Today
The Law Office of Wilfredo O. Allen, Esq. represents the interests of foreign nationals seeking to live and work in the United States. Call our Miami immigration lawyers today to schedule an appointment, and we can begin discussing your next steps right away.