Removal proceedings are the formal process by which the government either deports or excludes a person from the United States. You may find yourself in removal proceedings if the government charges you with being deportable or inadmissible to the United States. The Immigration and Nationality Act sets forth the grounds for deportation and inadmissibility.
People who are commonly identified and placed in removal proceedings include: people arrested for a criminal violation or who are completing a criminal sentence, people who unsuccessfully apply for an immigration benefit, people detained during workplace raids and people arrested at a border entry point.
Immigration Court
In most cases, you will receive a Notice to Appear (NTA) that tells you the date, time and location of the court where your initial hearing will be held. This initial hearing is called a Master Calendar Hearing. During your Master Calendar Hearing, you typically will answer the charges against you and you may file your application for relief from removal. Depending on your situation, you may also request voluntary departure during your Master Calendar Hearing. At the end of your Master Calendar Hearing, the judge normally will schedule a trial date for the hearing on your application for relief.
It is important to keep in mind that you must attend all of your immigration court hearings. If you do not attend your hearing, you may be ordered deported even though you have not had the opportunity to present any defense that you may have to deportation.
Do you need a deportation lawyer to represent you in immigration court? You are not required to have a deportation lawyer and one will not be provided for you by the court. You may, however, hire an deportation lawyer to represent you at your own expense. If you cannot afford to hire a deportation lawyer you should contact your local legal aid association to see if they can provide you free or low-cost legal assistance.
What will an immigration attorney do for you in immigration court? Your immigration attorney will help you identify any relief you may have to deportation. Depending on your circumstances you may be eligible for relief such as cancellation of removal, asylum, withholding of removal or relief under the Convention Against Torture. In addition, your immigration attorney will prepare motions and legal briefs in support of your case. Your immigration attorney will also help collect and present the evidence needed to prove that you are eligible for relief from deportation. If you are placed in detention, your immigration attorney may be able to help you get released on bond.
My removal and deportation practice focuses on people who have received Notices to Appear at either the Arlington Immigration Court or the Baltimore Immigration Court. If you live in the areas served by either of these courts, but have received a Notice to Appear at an immigration court in a different part of the country, I may be able to assist you in having your case transferred to the DC area and either the Arlington Immigration Court or the Baltimore Immigration Court.
To speak with a DC immigration attorney about your case, please contact the Schaefer Law Firm to schedule an initial consultation or call (202) 642-4529.
Immigration Court Appeals
At the end of your hearing, the judge will issue a decision on your case. You may appeal this decision within 30 days. If you do not appeal within the time limit, the decision will be final and you will not be able to appeal the decision. Therefore, if you want to appeal the decision of the immigration judge in your case, you should act quickly. To speak with a DC immigration attorney about your appeal, please contact the Schaefer Law Firm to schedule an initial consultation or call (202) 642-4529.
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