A removal proceeding is also known as a deportation proceeding. Removal proceedings may or may not involve detainment by Immigration and Customs Enforcement (ICE). You will attend a hearing in which the immigration judge will ultimately determine if you are removable and if you are eligible for any type of relief from removal. Removal proceedings are very serious and can change your life forever. Please talk to the immigration lawyers of the Chávez Law Group, right away.
Notice to Appear
Removal proceedings typically begin with a Notice to Appear (NTA) which is your summons to appear in court. The NTA must be based on some grounds of removability. Grounds of removability include:
- Overstay of an immigration visa
- Criminal conviction
- Violation of immigration law
- Prior deportation order
If you are taken into custody by ICE, bond may be set. Bond is money paid to the court as a deposit to ensure that you will appear at future hearing dates. If you attend all of your court dates the bond money is returned. If you go through a bail-bondsman, the bondsman puts up the money for a fee and may also ask for collateral such as a car title. If you appear at all of your court dates the collateral is released, but you do not get the fee back.
If ICE decides that you should not be allowed bond, or the amount is too high, you can request a bond hearing or ask that the amount be lowered.
Initial Master Calendar Hearing
The initial master calendar hearing is your preliminary hearing. During this hearing the judge will determine if an interpreter is needed for you next court date and you will be asked to enter pleadings. If you concede to removability, you will be asked if you are seeking relief from removal and if so what type.
If your case is to proceed, further hearing dates will be scheduled.
If you concede removability or if the government’s attorney convinces the judge that you are removable, you may still be eligible for one or more of the following types of relief from removal:
- Cancelation of removal
- Voluntary departure
- Adjustment of status
If you or someone you love is interested in obtaining U.S. citizenship or is facing deportation, please talk to the immigration lawyers of the Chávez Law Group, today, or submit our online questionnaire.