Removal Proceedings - US Immigration Law

Orlando Removal Defense Attorney

Removal proceedings, also known as deportation proceedings, is a court process initiated by the government to deport an individual from the United States. Removal hearings are held at immigration courts where it is important that a qualified removal proceedings attorney from NeJame Law represent you.

Facing deportation from the United States risks being permanently separated from your loved ones and losing all that you have worked hard for to build a life in the United States. When this happens, it is crucial to be represented by an experienced legal team that will fight for your rights. Unlike many attorneys, before conceding removability and requesting relief, our team of attorneys first argues any possible defenses to removability. There may be technical legal defenses that could be asserted. If successful, the court will dismiss the deportation case. Once the government establishes removability, then we apply for any relief. Therefore, selecting a highly experienced removal proceedings attorney may be the most important decision you make in this process.

The process starts when the government files a Notice to Appear with the immigration court. This document states the reasons why the government believes a foreign national to be removable from the U.S., and charges the individual with removability under specific provisions of law. Our experienced immigration division may then determine what relief is best suitable as a defense to deportation.

There are different standards for when a person is trying to enter the U.S. that Immigration and Customs Enforcement believes is inadmissible and should be removed. This person may be detained and incarcerated while trying to enter. On the other hand, when the United States attempts to deport an individual already in the country, the government has the burden to prove by clear and convincing evidence that the person is removable.?? During these removal hearings, there is no jury and therefore the rules of evidence are relaxed.

Reasons for Removability from the U.S.

Some common reasons for removability include:

• Law enforcement turning you over to Immigration and Customs Enforcement (ICE) after a traffic stop or being identified by ICE during incarceration after arrest
• Certain criminal convictions such as, an aggravated felony, a crime involving moral turpitude, a controlled substance offense, certain firearm offenses, or a crime of domestic violence.
• As a result of a denial of an immigration application that is submitted without realizing the risk of exposure to removal proceedings.
• Failing to maintain a lawful immigration status in the United States.

Different forms of relief include:

• Asylum
• Adjustment of Status
• Cancellation of Removal
• Government Agrees to Abandon The Case
• 212(c) relief
• Hardship Waivers
• Prosecutorial Discretion/Deferred action

Right to Appeal:

• If a person is ordered removed, they may appeal that decision to the Board of Immigration Appeals, and then to the Federal court.