Removal Proceedings (also known as Deportation)
Deportation (also called “removal”) refers to the process by which the government seeks to remove persons who are not U.S. citizens (or “aliens”) from the United States for violations of immigration or criminal laws. Deportation or Removal Proceedings are adversarial proceedings in which an alien may attempt to challenge the government’s allegations and seek relief from removal.
The deportation proceedings commence when the alien is served with the Notice to Appear (“NTA”). The NTA is a document issued by the United States Immigration and Customs Enforcement (“ICE”) that states the reasons for deportation charging the alien with deportability.
- Note: an alien who receives an NTA must respond by providing the Department of Homeland Security (“DHS”) with his/her mailing address (or his attorney’s mailing address) and must appear at scheduled hearings to avoid being deported “in absentia.”
Deportation or removal proceedings are conducted by Immigration Judges who are lawyers employed by the Department of Justice’s Executive Office for Immigration Review (“EOIR”). The government bears the burden to show deportability by clear, convincing, and unequivocal evidence. If the government fails to meet its burden, the Immigration Judge will grant the alien relief from removal. If the burden is met and there are no grounds for relief of removal, the Judge will order the alien removed from the U.S.
Relief from Removal
Even if the government meets its burden and proves that the alien is deportable, there are various forms of relief from removal available to the alien. Such forms of relief include cancellation of removal, asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), voluntary departure, adjustment of status, and waivers of removability or inadmissibility.
If the Immigration Judge finds the alien eligible for relief of removal, the Judge will issue an order granting the relief. Once relief is granted by the Immigration Judge, the game is not over. The alien still must obtain a document from the USCIS evidencing this status. This process can be painstaking.
How to Contact Us
If you have recently received a Notice to Appear (“NTA”) contact our immigration attorneys immediately or call The Law Firm of Shihab & Associates, Co., LPA at the nearest office close to you to consult with an attorney. Our law firm handles deportation cases from all over the United States. Please contact us and experience how our law firm can assist you in your immigration matters. The Law Firm of Shihab & Associates, Co., LPA has competent, responsive and innovative lawyers who can make your immigration experience pleasant and seamless.