Removal and Deportation
Facing deportation is frightening. This is often made worse by the lack of compassion inherent in the removal proceedings. However, being in removal proceedings does not automatically mean expulsion from the U.S. Affirmative defenses and waivers can offer relief, and are most often the only hope someone in removal proceedings has of remaining in the U.S.
The first step in the process is typically a Notice to Appear (NTA) from Immigration and Customs Enforcement which is part of the U.S. Department of Homeland Security. The NTA lays out the charges against the alien and the basis for being placed in removal proceedings. An NTA is typically issued as a result of a criminal conviction or some violation of your visa status.
There are two types of hearings in immigration. The first is the Master Calendar Hearing where the alien responds to the NTA and lays out the defenses being pled. The second is the individual hearing, or trial, where the client makes their case. Both hearings/trial is presided over by an immigration judge.
It should be noted that everyone in removal proceedings is entitled to an attorney. However, unlike criminal proceedings, the government is not required to provide an attorney or pay for an attorney.
Removal cases are complex and difficult. It is best to begin preparing for them early to determine what strategies to employ and what defenses are available. Issues that can come up include:
- Bond determinations;
- Bond determinations;
- Applying for asylum;
- Applying for cancellation of removal, which provides for some limited relief from removal when asylum is not available;
- Hardship waivers;
- Applying for permanent residence in removal proceedings;
- Applying for relief as a battered spouse or cooperating witness in a criminal enterprise;
- Waivers for criminal convictions or other bars;
- Withholding of removal.
The sanctions imposed under the immigration laws of the United States, found in the Immigration and Nationality Act, are some of the harshest in existence. They are profound and life-altering. Moreover, the laws and their interpretation change quickly through DHS action, court decisions, and new regulations.
Contact the Law Practice of Ken C Gauvey to set up a free consultation and let us guide you to obtain the best solution possible under the law.