Removal Defense (Detained and Non-Detained)

What Is the Process of Removal?

The government puts an immigrant into removal proceedings when the individual receives a Notice to Appear (“NTA”). This is essentially a list of multiple allegations made against the receiving individual, and lists the laws under which that individual could be removed or deported. The removal proceedings then occur before an Immigration Judge in Immigration Court, and may include a Bond and Custody Redetermination Hearing if the immigrant was detained by ICE, and a Removal Hearing.

During an Immigration Court Hearing, you have the right to an attorney to advocate for your defense, but the government will not provide one for you. Therefore, it is your responsibility to find yourself an attorney for representation in immigration court.

Sometimes, the individual facing removal will be detained by ICE, and other times they will not be detained. ICE’s Enforcement and Removal Operations (“ERO”) Division is responsible for the civil immigration detention system. Generally, ERO oversees the determination of whether the government should detain or not detain a non-U.S. citizen.

In some cases, ERO will decide that the individual should be held in a detention center, and other times they will decide that the individual can be released from custody. In the case that an individual is detained, it is still possible to be released from custody on bond. In this case, the individual in custody is allowed to request a Bond and Custody Redetermination Hearing in which they may present a case in Immigration Court to be released on bond until their further Removal Proceedings take place.

Essentially, bonds are monetary deposits meant to ensure that an individual will return to court and complete their case if they are released from ICE custody. Our immigration attorneys are also trained in assisting with Bond and Custody Redetermination Hearings in Immigration Court,. so please see our page titled “Bond and Custody Redetermination Hearings” to learn more specifically about Bond Hearings.

Finally, you must go through the Removal Proceedings. The initial hearing during these proceedings is called the Master Calendar Hearing. During this hearing, the non-U.S. citizen must deny or admit to the allegations made in their NTA and inform their Immigration Judge of any and all relief they will be applying for to avoid removal from the United States.

Then, the Immigration Judge will schedule a date for a hearing called an Individual Merits Hearing. During an Individual Merits Hearing, the individual’s attorney will present physical documentation, tangible evidence, and testimony from the non-U.S. citizen and their family to support their case to avoid removal from the U.S.

Additionally, the attorney from the U.S. Department of Homeland Security will be provided the opportunity to present contradictory evidence and cross-examine any witnesses questioned by the non-U.S. citizen’s attorney. The Immigration Judge will then consider all the evidence presented in court in order to determine whether the non-U.S. citizen can remain in the United States or whether they must be removed.

How Can I Fight Deportation or Removal?

There are two stages of every removal proceeding. The first stage is when the Immigration Judge determines whether or not the non-U.S. citizen is removable or inadmissible. In this stage, your removal defense attorney provides evidence and argues against your deportability or inadmissibility. In the case that your Immigration Judge determines that you are either removable or inadmissible,. you move on to the second stage of the proceedings.

In the second stage, you apply for relief from removal. The Immigration and Nationality Act offers multiple forms of relief for non-U.S. citizens who are facing removal or deportation. Among the remedies they offer are:

• Grant of asylum or protection under the Convention Against Torture
• Waivers of deportability and inadmissibility
• Cancellation of removal
• Voluntary Departure
• Withholding of removal
• Adjustment of status

Depending on your eligibility for relief,. your Immigration Judge will order your removal depending on information provided during your removal hearings. However, if you are considered eligible for relief, your Immigration Judge will then determine whether relief should be granted.

Applying for relief is your best chance at fighting removal from the U.S. Having an attorney by your side who is committed to finding any and all possible alternatives to your removal is essential in fighting your case.

If You Are In Need of Removal Defense, Speak With an Immigration Attorney Today.

At Brooks Law, we know how devastating it can be when your loved one is detained and taken into custody. You are not alone in feeling scared and overwhelmed when this occurs. Hiring an immigration lawyer can help you understand whether you or your loved one are considered eligible for relief from removal, and can also help you deal with the hearings that follow.

Hiring an immigration attorney is likely your best chance at remaining in the U.S. and avoiding removal. Our attorneys at Brooks Law are committed to tirelessly to provide the best chances of remaining in the U.S. We will support you through every step of the removal process and are highly skilled in building strong cases for relief from removal.

If you are in need of an immigration attorney to assist with your removal defense, please give us a call at (617)-245-8090 for a consultation.