Removal proceedings replaced deportation and exclusion proceedings, and there are major differences concerning the burden of proof, forms of available relief, and custody. Removal proceedings are hearings typically held in front of an immigration judge who determines whether a person can remain in the United States, and you will want to have Cicero removal defense attorneys assisting you in defending yourself in these cases.
Removal proceedings usually begin when the government alleges that a person does not have valid immigration status or has done something to otherwise end their valid immigration status. There are several reasons why people can be facing removal from the United States.
A removal proceeding usually begins with a U.S. immigration official filing a Notice to Appear with the immigration court that includes allegations against a person. Some of the most common reasons that people face removal proceedings include, but are not limited to:
The five major categories of criminal offenses that can trigger removal proceedings include aggravated felonies, crimes involving moral turpitude (such as murder, embezzlement, burglary, robbery, perjury, and aggravated assault), drug crimes, firearms crimes, and domestic violence offenses. The government will have to prove both the allegations and the grounds for removal.
When a person who receives a notice does not appear for their hearing, the immigration judge can still grant the government’s request for removal. Removal proceedings usually begin with the initial hearing, also known as the master calendar hearing.
Some people may have multiple master calendar hearings. At the master calendar hearing, a person facing potential deportation, or respondent, either admits or denies the charges against them.
The respondent gets the opportunity to identify any defenses to removal they may have and file an application(s) for relief from removal, including an application for asylum, cancelation of removal, or adjustment of status. The next hearing is known as the individual calendar hearing or merits hearing and is typically scheduled during the master calendar hearing.
The master calendar hearing is often quite brief, and the respondent can supplement the motion or application they file during the master calendar hearing with additional evidence and documentation until 15 days before the merits hearing. A merits hearing will be a longer and more involved proceeding during which the judge hears testimony and reviews evidence and legal arguments to make a decision.
Possible defenses during these hearings can include people applying for lawful permanent residency through family members, employers, as victims of crimes (through a U visa) or domestic violence (through the Violence Against Women Act [VAWA]), or several other ways, when they are eligible to do so. People who lived in the United States for a certain period of time and meet other requirements could simply be eligible for cancellation of removal.
People who fear returning to their home country could also be eligible for protection under asylum, the Convention Against Torture (CAT), or withholding of removal. Some people might actually be United States citizens and be able to terminate removal proceedings by getting the government to recognize their citizenship.
If you are facing a removal proceeding in the Cicero area, you need to know that you do not have to try and defend yourself alone. Kriezelman Burton & Associates, LLC knows how to handle these types of cases and can fight to make sure that you are able to avoid any possible deportation threat.
Our firm has represented thousands of clients since our founding in 1974. Call us or contact us online for a free consultation so we can look over your case and help you understand all of the options that are available to you.
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