Hubbry Logo
search
logo

Removal proceedings

logo
Community Hub0 Subscribers
Write something...
Be the first to start a discussion here.
Be the first to start a discussion here.
See all
Removal proceedings

In the United States, removal proceedings are administrative proceedings to determine an individual's removability under federal immigration law. Removal proceedings are typically conducted in Immigration Court (the Executive Office for Immigration Review) by an immigration judge (IJ).

Prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), deportation proceedings were used to determine whether a person could be deported from the United States. When IIRIRA took effect in 1997, deportation proceedings were replaced by removal proceedings, though any cases begun before IIRIRA's effective date continue to be processed as deportation proceeding.

Persons in removal proceedings are called "respondents." Cases are decided by immigration judges, who are appointed by the Attorney General and are part of the Department of Justice. Removal proceedings are prosecuted by attorneys from the Department of Homeland Security ("DHS"), or more specifically, U.S. Immigration and Customs Enforcement.

Removal proceedings begin when an immigration attorney files a NTA with the immigration court. The respondent (typically an alien) is served with an administrative summons called a "Notice to Appear." The Notice to Appear is a dated document served by a U.S. immigration official (typically U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection) to a person suspected of entering the United States without inspection, remaining in the United States beyond the terms permitted by a visa, committing certain crimes which result in removability even if in lawful status, or otherwise being present in the United States unlawfully.

Among other things, a Notice to Appear contains a numbered list of factual allegations against the respondent. For example, a typical Notice to Appear might state:

These factual allegations may also list any crimes allegedly committed by the respondent in the United States, whether the respondent previously filed any applications with United States Citizenship and Immigration Services and their disposition, and if the respondent presently holds or previously held any lawful status. The Notice to Appear also contains a charge of removability, which is often a reference to which section of the Immigration and Nationality Act that DHS is attempting to use to remove the respondent. The Notice to Appear may or may not contain a court date for the respondent to appear and answer the charges contained therein. If no court date is listed, the respondent may be notified of the court date by mail or in person at a future date.

Failure to appear for a removal hearing will result in an in absentia order of removal being entered by the Immigration Judge absent extenuating circumstances for the respondent's failure to appear, such as a serious illness.

On the date of the removal hearing, also known as a master hearing or Master Calendar Hearing (sometimes abbreviated as MCH), before the immigration judge, the respondent may be represented by an attorney of his or her choosing. However, an attorney will not be provided by the court if the respondent does not secure his or her own counsel.

See all
User Avatar
No comments yet.