Immigration removal is an immigration law that has the same basic meaning as deportation. Non-citizens may be subject to removal for different reasons, such as violating the terms of their stay in the United States or committing serious crimes.
The phrase removal proceedings is an umbrella term for all exclusion, deportation, and deportation relief procedures. The previous distinctions between exclusion, or not allowing an alien to enter the U.S., and deportation have been eliminated.
Instead, removal proceedings are generally the sole procedure used to determine if an alien is inadmissible, deportable, or eligible for deportation relief. Deportation and removal cases account for approximately 80% of the workload of immigration judges.
Who Is Subject to Removal Proceedings?
If individuals engage in the following, they may be subject to removal proceedings if they:
- Entered the U.S. illegally;
- Did not leave voluntarily before their visa expired;
- Committed a crime;
- Are a threat to public safety in some other way;
- Are present in the U.S. was based on fraudulent immigration documents; or
- Entered into a fraudulent marriage to a U.S. citizen or permanent resident.
What Types of Hearings Are Involved in the Removal Process?
If an alien is being charged with a violation of immigration laws, they will be served with a Notice to Appear. A Notice to Appear initiates the hearings to determine whether or not the individual should be subject to removal.
This notice is essentially an order that requires the alien to appear before an immigration judge. It also informs the alien of:
- The nature of the proceedings that they will be attending;
- A list of the alien’s alleged acts that may constitute violations of the law;
- The individual’s right to an immigration lawyer;
- The consequences of failure to appear at the hearing that was scheduled.
Once the individual appears before the immigration judge, they may be required to participate in certain types of hearings, including:
- General removal hearing: This hearing usually involves two basic determinations:
- A determination of whether the individual will be subject to removal from the United States;
- Whether the individual is eligible for any type of relief from removal;
- Bond redetermination hearing: This type of hearing applies only to aliens who are being detained by immigration or homeland security authorities. The immigration judge will decide whether to remove or lower the amount of bond set for the person’s detention;
- These types of hearings may be appealed; and
- Withholding of removal hearing: At this hearing, an immigration judge will determine if the individual is eligible for a “withholding of removal.” This means that the actual removal of the alien will be withheld, delayed, or suspended for a period of time;
- Usually, this occurs if there are administrative matters that need to be resolved before removal, for example, if the alien is currently involved in another legal proceeding.
The conclusions that are reached during these hearings are typically final. In some circumstances, however, an unfavorable determination may be appealed.
Appeals are conducted with the Board of Immigration Appeals (BIA).
What Should I Do to Prepare for an Immigration Removal Hearing?
During an immigration hearing, the immigration judge will question the individual about their case and their life. After that, the government lawyer will question them.
It is essential for the individual to tell the truth during the hearings. An individual should also be prepared to apologize for their actions and assure the court that they are sorry for what occurred and they will not get into trouble again.
An individual should dress in the best manner they can for the hearing and be respectful and polite to all parties involved. These hearings may be recorded, so it is important for an individual to speak loudly and clearly.
An individual will have an opportunity to tell the court anything they think is important about their case and their life. It is important for an individual to be aware that the government attorney will have a copy of the individual’s full criminal record and will usually want to inform the court.
If possible, an individual should bring their record and introduce it to the court themselves. This will help ensure the court is not surprised to hear about other convictions.
It also provides the individual with the opportunity to explain the events and why they will not occur again in the future. It is important to be aware that the court and government lawyer can also ask about charges that were dismissed.
An individual can also present witnesses and ask them questions. The judge and government lawyer will also ask them questions.
To prepare for this part of the hearing, an individual should write down the questions they want to ask. At the hearing, an individual will be able to refer to their list of questions.
It is important for an individual to make sure their witnesses know important dates, for example, an employer should know the dates of their employment. As another example, the individual’s spouse would know the dates of important events in their life together.
Can Removal Be Suspended for Extreme Hardship?
An individual may make a motion to suspend their removal on the grounds of extreme hardship or “exceptional and extremely unusual hardship.” Once this motion is made, the Attorney General will stop the deportation process and allow an application for permanent residency in the United States.
In general, these motions may be brought up in the following situations:
- Removal hearings;
- After a removal order has been issued;
- During an administrative or judicial proceeding under the Immigration and Nationality Act.
In order for an individual to qualify to suspend removal for extreme hardship, an immigrant applicant is required to:
- Have been living inside the U.S. for seven to ten years;
- Be in “good moral character;”
- Have some type of circumstance that leads to an extreme hardship.
Determining exactly what circumstances lead to extreme hardship may be considerably difficult to do. Examples of circumstances that have previously been considered extreme hardship include:
- Separation with family members who will remain in the U.S.;
- Emotional hardship associated with the deportation;
- Being unable to obtain a visa allowing them to re-enter the U.S. at a future date;
- Terminating the ability to provide financial support for a family that will remain in the United States.
Examples of situations when removal cannot be suspended may include:
- Economic impacts associated with the deportation;
- Difficulty in readjusting to a native country;
- Leaving a child behind who has United States citizenship;
- No family ties will exist in the United States;
- When a child will not be able to obtain an adequate education in their native country.
Do I Need a Lawyer for Hearings During the Removal Process?
The removal process is often a very lengthy and complex procedure. Removal proceedings are very important because they will determine whether or not you can legally remain in the United States or whether you will be removed from the country.
If you have been summoned for a removal hearing, you should consult with a deportation lawyer. Your lawyer will be able to inform you of your rights under immigration laws, which may change each year.
Immigration cases can have a major effect on your life and the life of your loved ones, so it is essential for you to have representation throughout the process.
