Deportation is a significant concern for many foreign nationals residing in the United States. As such, if you receive a Notice to Appear (NTA) from the Department of Homeland Security, you may be placed into removal proceedings before an immigration judge. During these proceedings, the court will determine if you are eligible to remain in the United States or if you will be removed. Understanding the intricacies of removal proceedings, including hearings, potential defenses, and alternative options for relief, is crucial for all immigrants. Please continue reading as we explore what you can expect from this process and how a determined Middlesex County, New Jersey, Deportation Defense Lawyer can assist you.
What Are Removal Proceedings?
First and foremost, it’s important to understand that a removal proceeding, also referred to as deportation, is the legal process of expelling a foreign national from the United States or sending them back to their home country. When the government believes that a non-citizen does not have a valid immigration status or has violated the terms of their legal status, removal proceedings are commenced to resolve the issue and determine whether the individual will be removed or allowed to remain in the country. These proceedings are typically conducted before an immigration judge in an immigration court.
Key Considerations
- Removal proceedings are court proceedings used to determine if a non-citizen can remain in the country
- These are typically initiated when the Department of Homeland Security issues a Notice to Appear
- An immigration judge will review the government’s allegations and defenses raised by the immigration
- The judge may order removal or grant immigration relief, allowing the individual to remain in the United States
Who May Be Placed in Removal Proceedings in New Jersey?
Removal proceedings can impact many individuals with varying immigration statuses in Middlesex County and throughout New Jersey. Unfortunately, many are under the assumption that only undocumented immigrants face deportation and removal, which is far from the truth.
Individuals Commonly Subjected to Removal Proceedings
- Visa holders are in violation of the terms of their visas
- Those who have overstayed a visa
- Undocumented immigrants
- Green card holders accused of certain immigration violations or criminal offenses
- Those accused of immigration fraud
- Those who allegedly pose a national security threat
What Are Grounds for Deportation?
Unfortunately, deportation in the U.S. can occur for numerous reasons. Removal proceedings are only initiated when a foreign national has violated the conditions of their legal entry to stay in the country.
Common Grounds for Removal
- Criminal activity (aggravated felonies, crimes of moral turpitude, drug crimes, domestic violence, and firearm offenses)
- Immigration law violations (unlawful presence, visa overstay, immigration fraud, marriage fraud, and failure to comply with immigration obligations)
- National security risk (terrorism)
- Becoming a public charge (financially dependent on the government)
- Failure to appear in court
- Unlawful employment
How Do Removal Proceedings Begin?
Generally, removal proceedings begin with issuing and filing a Notice to Appear (NTA). The U.S. The Department of Homeland Security (DHS), or one of its branches, such as the Immigration and Customs Enforcement (ICE), issues and files this document with the immigration court.
What Is an NTA?
A Notice to Appear (NTA) is a document that officially initiates the removal proceedings. As such, this document details why the government believes a person is eligible for removal and requires them to appear before an immigration judge.
What Information Is Included in a Notice to Appear?
- The alleged immigration charges
- The factual basis of these allegations
- The laws DHS believes have been violated
- Information about upcoming court proceedings
- Information for future hearings
What Happens at a Master Calendar Hearing?
Once an NTA has been sent and received, the first court appearance, known as a master calendar hearing, will occur.
What Should You Expect?
- The immigration judge will review the allegations and charges against you
- The judge will explain your rights
- You may admit or deny the allegation
- You may admit or deny removability
- The court will schedule future hearings
- The judge may inform you of other potential forms of relief
What Happens If You Miss the Hearing?
- Failing to appear for a master hearing, or any immigration hearing for that matter, can result in an in absentia removal order
- Missing court can considerably inhibit your ability to defend against deportation
- You should immediately notify the court and your attorney if an emergency arises impacting your ability to attend the hearing
What Happens at an Individual Hearing?
In the event your removal case is contested, the matter will proceed to an individual hearing scheduled by the court.
What Occurs During an Individual Hearing?
- DHS presents evidence supporting removal
- Witnesses may testify
- Immigration records may be introduced
- The immigrant can present evidence
- Witnesses may testify on behalf of the immigrant
- Legal arguments may be presented
- The judge will consider all evidence before issuing a decision on the matter
What Forms of Relief May Be Available in New Jersey?
Depending on the facts of the case, some immigrants in Middlesex County and throughout New Jersey, where many immigrants reside, may qualify for relief that allows them to remain in the United States.
Whether an individual qualifies for relief from removal is ultimately dependent on a number of factors, including their immigration history, familial relationships in the U.S., criminal record, humanitarian considerations, and eligibility in accordance with federal immigration law. As all cases are different, judges consider these matters based on the specifics of the case and available evidence.
Common Forms of Removal Relief
- Adjustment of status
- Cancellation of removal
- Asylum
- Voluntary departure
- Family-based immigration relief
- Employment-based immigration relief
- Protection under the Convention Against Torture (CAT)
What Happens After the Immigration Judge Issues a Decision?
After the judge has reviewed all legal arguments, documentation, and evidence from both sides, they will issue a decision on the matter.
Possible Outcomes
- Order of removal issues
- Case termination
- Granting of immigration relief
- Additional proceedings scheduled
Can You Appeal a Removal Order?
- Appeals may be filed with the Board of Immigration Appeals
- Strict filing deadlines apply
- Failure to appeal on time can result in the loss of appeal rights
- Legal representation may be critical during the appellate process
Contact an Experienced New Jersey Immigration Defense Firm
If you receive a removal order, it’s in your best interest to seek guidance from an experienced attorney from the Law Offices of Aditya Surti, LLC, who can help you appeal the decision and fight to remain in the U.S. Connect with our firm today for more information and skilled representation.