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Removal Defense

Immigration Court Proceedings can be very confusing to any alien. We promise to be at your side for all your court appearances and develop an effective plan to help you through the process.

An alien can be placed into Removal Proceedings if one gets into some form of legal trouble. All removal proceedings begin with a notice to appear. The notice to appear indicates the reasons the Immigration an Customs Enfocment (formerly the INS) believes the alien is inadmissible or deportable, and the time and place of hearing before an immigration judge. The alien is also advised of the right to counsel at no expense to the government and given a list of free legal services programs. Removal proceedings begin with the service of the Notice to Appear (NTA). The NTA is basically the official charging document of the the Department of Homeland Security that places an alien in removal proceedings. It contains a general outline of the allegations and charges against the alien. It describes what the alien did that was illegal. It also states the time and place the alien is required to appear before the Immigration Judge. It is most important that upon receipt of the Notice to Appear, you should promptly contact an attorney to assist you. There is only a limited amount of time available to you before you have to appear at the Immigration Court.

When an alien is taken into custody, the Department of Homeland Security has the power to release on Bond, unless, the alien has committed a crime. If DHS does not release the alien on bond, the alien may request a Bond Hearing before an Immigration Judge. At the Bond Hearing, it is the alien’s responsibility to convince the judge that he or she is not a flight risk and not a danger to the community. The court must believe that the alien will attend all of their future hearings.

The Master Calendar Hearing is the alien’s first appearance in Immigration Court, unless he previously files for a bond hearing. The Calendar is a preliminary hearing to review the case with the government’s attorney (Trial Attorneys) and with the alien’s attorney (deportation defense attorney). The Immigration Judge will explain the alien’s rights (e.g., the alien’s right to an attorney). The Individual Hearing is when the Immigration Judge examines the evidence to decide whether the alien is removable from the United States.

This post is also available in Español.