What Happens at a Removal Hearing?
Sometimes referred to as “deportation,” removal is the U.S. government process of determining whether a non-U.S. citizen must be removed from the country. It is a complicated process and one that has serious implications for the individual facing removal. The process begins when the government issues a Notice to Appear.
What Is a Notice to Appear?
Once a person receives a Notice to Appear (NTA), he or she will go before an immigration judge. The NTA will list allegations against you that the government is required to prove. It will also contain a charge of removability. During removal proceedings, the government will attempt to prove the allegations and then the judge will conclude whether or not you are removable due to a failure to maintain your status. Without the government being able to prove the allegations, the proceedings should be ended by the judge.
The initial hearing date, which should be included in the NTA, is referred to as a “master calendar hearing.” If you fail to show up for the hearing, your removal will be ordered. The master calendar hearing is a short hearing in front of the judge. Your case will be introduced and you will present any defense to the allegations and the potential removal. You may admit or deny any of the allegations against you.
At the master calendar hearing, the judge may schedule an individual or merits hearing. At this hearing, the government gets the opportunity to support the allegations it has raised against you. If the government has already proven the allegations, the individual hearing is an opportunity for the respondent, the party facing potential removal, to present an application for relief from removal. Prior to the merits hearing, the respondent and the government must submit arguments and evidence to support their respective positions.
At the hearing itself, the evidence will be present as will the arguments. Testimony from the respondent and other relevant witnesses will also be presented. This hearing usually ends with the judge issuing a decision regarding whether relief from removal will be granted or whether the removal of the respondent will be ordered. This decision is appealable by both the respondent and the government, but the appeal must be filed within 30 days of the judge’s decision being issued.
Removal Defense Attorney
Talamantes Immigration Law Firm is here to represent you during all removal proceedings. Receiving an NTA can cause immediate fear and panic. Know that you still have options and an opportunity to be heard. Our law firm will work to prevent a removal order from being issued. If a removal order is issued, we will work to obtain relief from removal.
Remember, just because a person is removable does not mean that he or she must be removed. There is still an opportunity to present a compelling case as to why you should be allowed to remain in the U.S. Contact the Talamantes Immigration Law Firm today.
Posted in: Immigration Law