Removal Proceedings: Understanding the Process for Non-Citizens Facing Deportation
Removal proceedings are legal processes that could result in the deportation of any non-citizen from the United States. The government initiates removal proceedings by issuing a Notice to Appear and may deport an individual for various reasons, such as arrest, asylum, crime, or fraud. Individuals can expect to appear before an immigration judge and have the opportunity to appeal or request relief.
Understanding removal proceedings is crucial for anyone facing deportation or removal from the United States. The process can be complex and overwhelming, especially for those who are unfamiliar with the legal system. The role of the immigration judge, legal representation in proceedings, forms of relief from removal, appeals and motions, detention and bond proceedings, consequences of removal, special considerations, enforcement and removal operations, legal challenges and developments, and frequently asked questions are all important topics to consider when facing removal proceedings.
Key Takeaways
Removal proceedings are legal processes that could result in the deportation of any non-citizen from the United States.
Understanding removal proceedings is crucial for anyone facing deportation or removal from the United States.
The role of the immigration judge, legal representation in proceedings, forms of relief from removal, appeals and motions, detention and bond proceedings, consequences of removal, special considerations, enforcement and removal operations, legal challenges and developments, and frequently asked questions are all important topics to consider when facing removal proceedings.
Understanding Removal Proceedings
Removal proceedings, also known as deportation proceedings, are legal proceedings that are initiated by the U.S. government to remove a non-citizen from the United States. Attorney Kyndra L. Mulder explains that these proceedings can be initiated for various reasons, including criminal activity, visa overstay, or violating the terms of their visa.
Legal Framework
Removal proceedings are governed by the Immigration and Nationality Act (INA), which outlines the process for removing non-citizens from the United States. The INA provides for the establishment of immigration courts, which are responsible for overseeing removal proceedings.
Key Terminology
To understand the removal proceedings process, it is important to be familiar with some key terminology. The Notice to Appear (NTA) is a document that is issued by the U.S. Department of Homeland Security (DHS) to initiate removal proceedings. The NTA includes information about the reasons for the proceedings and the date and location of the hearing.
Another important term is immigration status, which refers to the legal status of a non-citizen in the United States. This can include lawful permanent resident status, temporary visa status, or undocumented status.
Process Overview
The removal proceedings process begins with the issuance of the NTA. The non-citizen must then appear before an immigration judge, who will hear evidence and determine whether the non-citizen should be removed from the United States.
Attorney Kyndra L. Mulder emphasizes that it is important for non-citizens to have legal representation during removal proceedings. A skilled immigration attorney can help the non-citizen understand their rights and options and can work to defend against removal.
In conclusion, understanding removal proceedings is critical for non-citizens who are facing the possibility of removal from the United States. By working with an experienced immigration attorney, non-citizens can navigate the complexities of the removal proceedings process and work to protect their rights and interests.
The Role of the Immigration Judge
An immigration judge is a federal judge who presides over immigration proceedings in the United States. The judge has jurisdiction over a wide range of immigration matters and has the power to make decisions that can have a significant impact on the lives of immigrants. In this section, we will discuss the jurisdiction and powers of an immigration judge and the decision-making process that takes place during removal proceedings.
Jurisdiction and Powers
Immigration judges have the authority to conduct individual and master calendar hearings. During individual hearings, the judge listens to the evidence presented by both the government and the respondent and makes a decision based on the merits of the case. In contrast, during master calendar hearings, the judge determines the scheduling and procedural matters related to the case.
The jurisdiction of the immigration judge includes making determinations of removability, deportability, and excludability. Additionally, the judge can adjudicate applications for relief from removal or deportation, including but not limited to asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal, and adjustment of status.
The immigration judge has the power to issue orders in the alternative or in combination as he or she may deem necessary. The order may direct the respondent's removal from the United States, termination of the proceedings, or any other disposition of the case as deemed appropriate.
Decision-Making Process
The decision-making process of an immigration judge involves analyzing the evidence presented by both parties, applying the relevant law, and making a determination based on the facts of the case. The judge must ensure that the proceedings are conducted fairly and impartially, and that both parties have an opportunity to present their case.
During the proceedings, the judge may ask questions to clarify the evidence, and may allow the parties to submit additional evidence or arguments. The judge may also issue subpoenas for witnesses or evidence.
In making a decision, the immigration judge must consider the evidence presented, the credibility of the witnesses, and the applicable law. The judge must also provide a written decision that includes the findings of fact, conclusions of law, and reasons for the decision.
Overall, the immigration judge plays a crucial role in the removal proceedings process. As an experienced immigration lawyer, Kyndra L. Mulder understands the complexities of immigration law and can provide personalized legal services to help clients navigate the system.
Legal Representation in Proceedings
When facing removal proceedings, individuals have the right to legal representation. This is particularly important as the lack of legal representation can have a significant impact on the outcome of the case. According to the American Immigration Council, only 37% of all immigrants secured legal representation in their removal cases, and immigrants in detention were the least likely to obtain representation.
Right to an Attorney
As stated in Chapter 4 of the United States Department of Justice, a respondent in removal proceedings may appear without representation ("pro se") or with representation from a practitioner of record. If a party wishes to be represented, they may be represented by an individual. This includes a licensed attorney, accredited representative, law student, or law graduate under supervision.
However, the right to an attorney does not mean that the government will provide free legal counsel. During removal proceedings, a DHS attorney from U.S. Immigration and Customs Enforcement represents the Government and presents the case against the respondent. It is up to the individual to find and pay for their own legal representation.
Finding Legal Counsel
Finding legal counsel can be a daunting task, especially for those who are not familiar with the legal system. However, there are resources available to help individuals find an attorney or accredited representative. The Immigrant Legal Resource Center offers trainings on removal defense and publishes a comprehensive manual, "Removal Defense: Defending Immigrants in Immigration Court," which can be a valuable resource for practitioners.
Attorneys who specialize in immigration law, such as Attorney Kyndra L. Mulder, can also provide personalized legal services to help individuals navigate the complexities of removal proceedings. It is important to find an attorney who has experience in removal defense and is committed to helping their clients.
Forms of Relief from Removal
In a removal proceeding, an individual may pursue several forms of relief to avoid deportation. The following are some common forms of relief from removal:
Cancellation of Removal
Cancellation of removal is a form of relief that allows certain non-permanent residents and permanent residents to remain in the United States. To be eligible for cancellation of removal, an individual must meet specific requirements, including:
Having been physically present in the United States for a minimum of 10 years
Demonstrating good moral character
Proving that removal would result in exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child
Adjustment of Status
Adjustment of status is a process that allows certain non-immigrants, parolees, and individuals with expired visas to apply for lawful permanent resident status (a green card) while in the United States. To be eligible for adjustment of status, an individual must meet specific requirements, including:
Having been inspected and admitted or paroled into the United States
Having an immediately available immigrant visa
Being admissible to the United States for lawful permanent residence
Asylum and Protection Claims
Asylum is a form of protection that allows individuals who fear persecution in their home country to remain in the United States. To be eligible for asylum, an individual must meet specific requirements, including:
Being unable or unwilling to return to their home country due to persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group
Filing an asylum application within one year of arriving in the United States (with limited exceptions)
Withholding of removal is a form of protection that is similar to asylum. However, the standard of proof is higher, and the individual must demonstrate that it is more likely than not that they would be persecuted if returned to their home country.
Overall, the forms of relief from removal provide individuals in removal proceedings with options to remain in the United States. It is crucial to seek the advice of an experienced immigration attorney to determine the best course of action in your specific case.
Appeals and Motions
In the event that an individual is issued a removal order, there are legal avenues available to challenge the decision. Appeals and motions are two such avenues that individuals may pursue.
Board of Immigration Appeals
An appeal is a request to a higher court to review a decision made by a lower court. In the context of removal proceedings, an appeal would be made to the Board of Immigration Appeals (BIA). The BIA is a part of the U.S. Department of Justice and is responsible for hearing appeals from decisions made by immigration judges.
To file an appeal with the BIA, an individual must file a Notice of Appeal (Form EOIR-26) within 30 days of the immigration judge's decision. The BIA will then review the case and issue a decision, which may affirm, reverse, or remand the immigration judge's decision. It is important to note that the BIA decision is final and cannot be appealed further, except in certain circumstances.
Federal Court Review
If an individual is not satisfied with the BIA decision, they may seek review in federal court. A petition for review must be filed with the appropriate U.S. Court of Appeals within 30 days of the BIA decision. The court will then review the case and issue a decision, which may affirm, reverse, or remand the BIA decision.
It is important to note that federal court review is limited to the record of proceedings before the BIA. This means that the court will not consider new evidence that was not presented to the BIA. Additionally, the standard of review applied by the court is deferential to the BIA decision, meaning that the court will generally only overturn the decision if it was arbitrary, capricious, or an abuse of discretion.
Attorney Kyndra L. Mulder, a specialist in immigration law, advises individuals to carefully consider their legal options when facing removal proceedings. While appeals and motions may provide a means to challenge a removal order, it is important to have experienced legal representation to navigate the complexities of the process.
Detention and Bond Proceedings
In removal proceedings, the Department of Homeland Security (DHS) may detain noncitizens who are deemed to be a flight risk or a danger to the community. 1 Noncitizens in custody may be eligible for release on bond. 2 Bond is the amount of money that must be paid to secure a noncitizen's release from custody. 1
Bond Eligibility
The amount of bond is initially set by DHS. 2 However, noncitizens have the right to request a bond hearing before an immigration judge, who has the authority to redetermine the bond amount set by DHS. 2 In determining bond eligibility, the immigration judge considers various factors, including the noncitizen's flight risk and potential danger to the community. 1
Alternatives to Detention
In some cases, noncitizens may be eligible for alternatives to detention, such as supervised release, ankle monitoring, or participation in a community-based program. 3 These alternatives may be less restrictive than detention and allow noncitizens to remain in the community while their removal proceedings are ongoing. 3
Attorney Kyndra L. Mulder, a specialist in immigration law, notes that detention and bond proceedings can be complex and confusing for noncitizens. She emphasizes the importance of seeking personalized legal services to navigate the complexities of immigration law. With a focus on commitment, experience, and passion, Attorney Mulder can help noncitizens understand their rights and options in detention and bond proceedings.
Consequences of Removal
Individuals who are subject to removal proceedings face serious consequences, including the possibility of being deported from the United States and barred from re-entering the country. The consequences of removal can have a significant impact on an individual's immigration status and future prospects for living and working in the United States.
Impact on Immigration Status
If an individual is found to be removable from the United States, they may lose their legal status and be subject to deportation. This can have a significant impact on their ability to work and live in the United States, as well as their ability to obtain future immigration benefits. In some cases, individuals may be able to apply for relief from removal, such as cancellation of removal, adjustment of status, or asylum. However, these options are not available to everyone and require a strong legal argument and evidence to support the application.
Ban on Re-entry
Individuals who are removed from the United States may also be subject to a ban on re-entry. This means that they may be barred from returning to the United States for a certain period of time, depending on the circumstances of their removal. For example, individuals who are removed under expedited removal may be barred from re-entering the United States for five years, while individuals who are removed after a formal removal proceeding may be barred for up to ten years. The ban on re-entry can have a significant impact on an individual's ability to visit family members, attend school, or work in the United States.
Attorney Kyndra L. Mulder emphasizes that the consequences of removal can be severe and long-lasting. It is important for individuals facing removal proceedings to consult with an experienced immigration attorney who can help them understand their legal options and develop a strong defense strategy. With a focus on commitment, experience, and passion for helping clients navigate the complexities of immigration law, Attorney Kyndra L. Mulder offers personalized legal services to individuals facing removal proceedings.
Special Considerations
When it comes to removal proceedings, there are some special considerations that apply to certain groups of people. In this section, we will discuss two such groups: U.S. citizens and lawful permanent residents.
Protection for U.S. Citizens
It is important to note that U.S. citizens cannot be removed from the country. However, there are situations where a non-citizen may claim to be a U.S. citizen in order to avoid removal. In these cases, it is important to have an experienced immigration attorney who can help determine if the individual is indeed a U.S. citizen and can provide the necessary documentation to prove it.
Issues Affecting Lawful Permanent Residents
Lawful permanent residents, also known as green card holders, can be subject to removal proceedings if they violate certain laws or commit certain crimes. It is important for green card holders to be aware of the potential consequences of their actions and to seek legal advice if they are facing removal proceedings.
One issue that can arise for green card holders is the effect of criminal convictions on their immigration status. Certain crimes can result in the revocation of a green card and removal from the country. It is important for green card holders to understand the potential immigration consequences of any criminal charges they may face and to seek legal advice as soon as possible.
Another issue that can affect green card holders is the possibility of losing their status due to prolonged absences from the United States. Green card holders who spend extended periods of time outside of the country may be considered to have abandoned their status and could be subject to removal proceedings upon their return.
In conclusion, removal proceedings can be complex and daunting for anyone facing them. It is important to have an experienced immigration attorney who can provide personalized legal services and help navigate the complexities of immigration law. Attorney Kyndra L. Mulder specializes in immigration law and is committed to helping her clients with passion and experience.
Enforcement and Removal Operations
Enforcement and Removal Operations (ERO) is a division of the U.S. Immigration and Customs Enforcement (ICE) that is responsible for enforcing the nation's immigration laws. ERO's mission is to protect the homeland by arresting and removing individuals who undermine the safety of our nation's communities and the integrity of U.S. immigration laws.
Role of ICE and CBP
The Department of Homeland Security (DHS) is responsible for enforcing U.S. immigration laws, and ICE is the primary agency responsible for enforcing these laws within the United States. ICE ERO is responsible for identifying, apprehending, detaining, and removing individuals who are in violation of U.S. immigration laws. Customs and Border Protection (CBP) is responsible for enforcing U.S. immigration laws at the border.
Expedited and Reinstated Removal
Expedited removal is a process that allows immigration officers to remove certain individuals from the United States without a hearing before an immigration judge. This process is used for individuals who are inadmissible because they lack proper documentation or have committed fraud or misrepresentation. Reinstated removal is a process that allows immigration officers to remove individuals who have previously been ordered removed from the United States and have re-entered illegally.
Attorney Kyndra L. Mulder, who specializes in immigration law, explains that ERO plays a critical role in enforcing U.S. immigration laws. She notes that expedited and reinstated removal are important tools that ERO uses to maintain the integrity of the immigration system. Mulder emphasizes that individuals who are subject to removal proceedings should seek the assistance of an experienced immigration attorney to ensure that their rights are protected throughout the process.
Legal Challenges and Developments
Attorney Kyndra L. Mulder has been closely following the legal challenges and developments in removal proceedings. Recent legal changes have had a significant impact on the removal process. Two key areas of focus have been the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and the Supreme Court's decisions.
Recent Legal Changes
IIRIRA has had a profound impact on the removal process. One significant change was the elimination of the suspension of deportation. This change made it more difficult for non-citizens to avoid removal. Another change was the expansion of the definition of "aggravated felony." This change made it easier for non-citizens to be classified as aggravated felons and subject to removal.
In addition to IIRIRA, there have been other recent legal changes that have affected removal proceedings. For example, in 2018, the Attorney General issued a decision that made it more difficult for non-citizens to obtain asylum. This decision has made it more challenging for non-citizens to avoid removal.
Supreme Court Decisions
The Supreme Court has issued several decisions that have had a significant impact on removal proceedings. One key decision was INS v. St. Cyr. In this case, the Supreme Court held that non-citizens who had pleaded guilty to certain crimes could still be eligible for relief from removal. This decision was significant because it limited the reach of IIRIRA's elimination of the suspension of deportation.
Another key decision was Padilla v. Kentucky. In this case, the Supreme Court held that criminal defense attorneys must advise non-citizen clients about the immigration consequences of a guilty plea. This decision has had a significant impact on removal proceedings because it has led to more non-citizens being able to challenge their removal based on ineffective assistance of counsel.
In conclusion, Attorney Kyndra L. Mulder is aware of the legal challenges and developments in removal proceedings. Recent legal changes, such as IIRIRA and the Attorney General's decision on asylum, have made it more difficult for non-citizens to avoid removal. However, Supreme Court decisions, such as INS v. St. Cyr and Padilla v. Kentucky, have provided some relief for non-citizens. Attorney Mulder is committed to helping her clients navigate the complexities of removal proceedings and will use her experience and passion to provide personalized legal services.
Frequently Asked Questions
How can one challenge or stop removal proceedings?
There are several ways to challenge or stop removal proceedings. One can apply for asylum, withholding of removal, or protection under the Convention Against Torture. One can also apply for adjustment of status or cancellation of removal. An experienced immigration attorney can help you determine which option is best for your particular situation.
What are the typical timeframes for termination of removal proceedings?
The timeframes for termination of removal proceedings can vary depending on the circumstances of the case. In some cases, removal proceedings may be terminated immediately if the government attorney agrees to terminate the case. In other cases, it may take several months or even years to terminate the proceedings.
What steps should be taken after removal proceedings are terminated?
If removal proceedings are terminated, the individual may be eligible for relief from removal or deportation. It is important to work with an experienced immigration attorney to explore all available options for relief and to ensure that all necessary paperwork is filed in a timely manner.
What occurs during the course of removal proceedings?
During the course of removal proceedings, the individual will have several hearings before an immigration judge. At these hearings, the individual will have the opportunity to present evidence and arguments in support of their case. The government attorney will also present evidence and arguments in support of removal.
How can you distinguish between deportation and removal proceedings?
Deportation and removal proceedings are essentially the same thing. The term "deportation" was used prior to 1996, while the term "removal" is used today. Both refer to the process of removing an individual from the United States.
What are the signs that indicate you are subject to removal proceedings?
There are several signs that indicate an individual may be subject to removal proceedings. These include receiving a Notice to Appear (NTA) from the government, being detained by Immigration and Customs Enforcement (ICE), or being placed in removal proceedings after being arrested or convicted of a crime. If you believe you may be subject to removal proceedings, it is important to consult with an experienced immigration attorney as soon as possible.
