Reports say 185,884 removals were conducted by ICE in 2020, a 30 percent decrease from the same period in 2019. If you are an illegal immigrant living in the United States, you may find yourself facing removal proceedings. When this happens, it is essential to understand what to expect.
Removal proceedings are legal procedures used by the government to expel an immigrant from the country. If you are subject to these deportation proceedings, it is critical to have an experienced immigration lawyer represent you.
A Chicago immigration law firm can help you through this process and protect your rights. Read on to learn how.
Removal Proceedings (Deportation)of Illegal Immigrants
Proceedings carried out in the United States by ICE (Immigration and Customs Enforcement) fall under the purview of the Immigration and Nationality Act (INA). They determine whether an alien (non-citizen) is removable from the United States.
The INA allows for the institution of removal proceedings against a noncitizen under a variety of circumstances, including for violating their nonimmigrant visa status, having entered the U.S. without a visa, or committing a deportable crime.
The process generally starts with the issuance of a “Notice to Appear” before an immigration judge. The Notice to Appear will list the charges against the alien, and the alien will receive a date and time for their removal hearing.
At the hearing, the alien will have an opportunity to defend themselves against the charges.
If the alien is not successful in mounting a defense to removal proceedings, they will receive orders to leave the United States.
You can appeal the order, but it must happen within 30 days of the order’s issuance. An experienced immigration lawyer in Chicago can help you navigate the complex removal process and protect your rights.
What to Do If You Receive a Notice of Removal
If you or a loved one receive a Notice to Appear (NTA), it is vital to take immediate action. The first step is to check the NTA to confirm that all information noted is accurate. If there are any errors, these errors may be an integral part of a defense that will be presented to the Immigration Judge presiding over the proceedings.
Next, you should consult an experienced immigration attorney who can help you understand your legal options and represent you in court. Deportation proceedings are complex and nuanced. Without experienced legal representation, you may be at a disadvantage.
The immigration attorney at our immigration law office in Chicago, IL, has extensive experience assessing NTAs and formulating defenses to removal. We can help you navigate the process and fight for the best possible outcome in your case.
Removal Hearings
The removal hearing will be held before an Immigration Judge. It is important to remember that this is a formal legal proceeding.
You should dress appropriately for the hearing and speak to the judge with respect. The types of hearings you may encounter in removal proceedings are:
- Master Calendar Hearing
- Individual Hearing
What Is a Master Hearing?
A master calendar hearing (MCH) is the first in removal proceedings. At this hearing, an immigration judge will ask the respondent questions to determine whether the case can proceed.
At an MCH, the immigration judge will review the Notice to Appear (NTA) to ensure that:
- It was served in the correct manner
- The respondent’s personal information is accurate
The judge will also ask the respondent whether they admit or deny the allegations against them. He will also ask if they would like to apply for relief from removal.
If the respondent does not appear for their MCH, they will receive a removal in absentia order. This means that the respondent will receive orders to leave the United States without a hearing.
Individual Hearing
An individual hearing is the final hearing in removal proceedings. The immigration judge will hear evidence from the government and the defense at this hearing. He will then decide whether the alien is removable from the United States.
At an individual hearing, the respondent will have the opportunity to present evidence and witnesses in their defense. The government will have the opportunity to present evidence and witnesses supporting their case. Having a Chicago immigration attorney represent you will help you build a strong defense and protect your rights.
After both sides present their evidence, the immigration judge will decide.
If the alien is removable, they will receive orders to leave the country. The order of removal can be appealed, but it must be done within 30 days of the order’s issuance.
Appealing a Removal Order
If you receive a removal order from the United States, you have the right to appeal the decision. The Board of Immigration Appeals (BIA) handles appeals.
The BIA will review the record of the case and can affirm, reverse, or remand the removal decision. If the BIA affirms the decision of the immigration judge, the alien will receive orders to leave the United States. Beyond the BIA, the alien may in some cases be able to appeal their case before a U.S. Federal Court.
Consult with an experienced immigration law firm in Chicago to appeal your removal order. They can help you navigate the appeals process and fight for the best possible outcome in your case and possible relief from removal.
For this, you need the best immigration lawyer in Chicago with extensive experience handling removal proceedings and appeals. We can help you understand your legal options and fight for the best possible outcome in your case.
Work With the Best Immigration Attorney in Chicago
When it comes to removal proceedings, you want to work with the best. At USAVisaCounsel and the Law Offices of Richard Hanus, we want to ensure you have all the information necessary to make the best decision for your case.
Our knowledgeable and experienced immigration attorney can help you understand your legal options and fight for the best possible outcome in your case, whether seeking relief from removal or appealing a removal order.
Contact our office today to schedule a consultation. We will review your case and help you understand your legal options.