What to Expect During the Removal Process & How to Protect Your Rights

Facing removal, formerly known as deportation, is one of the most terrifying and stressful experiences anyone can endure. The uncertainty of not knowing what awaits you or how your family will cope can be overwhelming.

It’s more than just a legal process; it’s a life-altering event that disrupts families and uproots lives.

In this guide, we’ll break down the removal process in clear terms, helping you understand what to expect and the potential options available to you.

Reasons for Removal Proceedings

There are several reasons why a person may find themselves in removal proceedings. Some of the most common include:

• Violating the terms of your visa or immigration status
• Being convicted of certain crimes
• Being deemed inadmissible when entering the United States

Even seemingly minor violations can lead to removal proceedings, so it’s always best to err on the side of caution and seek legal advice if you’re unsure about your immigration status.

Notice to Appear (NTA) and Master Calendar Hearing

The removal process officially begins when your Notice to Appear (NTA) is filed with an immigration court. This document outlines the reasons why the government believes you should be removed from the United States. It also includes the date and location of your Master Calendar Hearing.

The Master Calendar Hearing is your first appearance before an immigration judge. During this hearing, you’ll be asked to confirm or deny the allegations in the NTA. You’ll also have the opportunity to request relief from removal, if eligible.

It’s crucial that you attend your Master Calendar Hearing. Failing to appear can result in an automatic order of removal being issued against you.

Individual Merits Hearing

If you’ve requested relief from removal, your case will proceed to an Individual Merits Hearing. This is where you’ll present evidence and testimony to support your case.

The immigration judge will consider all the evidence presented and decide whether to grant your request for relief. It’s essential to have a strong, well-documented case and to be prepared to answer questions about your situation.

Forms of Relief from Removal

Depending on your circumstances, there may be several forms of relief available to stop removal proceedings. Some of the most common include:

Asylum

If you have a well-founded fear of persecution in your home country based on your race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum.

Withholding of Removal

Similar to asylum, withholding of removal may be an option if you can demonstrate that you would face persecution if returned to your home country. However, the standard of proof is higher than for asylum.

Cancellation of Removal

If you’ve been in the United States for a certain period and meet other eligibility criteria, you may be able to apply for cancellation of removal. This allows you to adjust your status to that of a lawful permanent resident.

Adjustment of Status

If you’re eligible to receive an immigrant visa and an immigrant visa is immediately available to you, you may be able to adjust your status to that of a lawful permanent resident as a defense against removal.

Voluntary Departure

In some cases, you may be allowed to leave the United States voluntarily, at your own expense, in lieu of being subject to an order of removal.

Appeals Process

If the immigration judge denies your request for relief, you have the right to appeal the decision to the Board of Immigration Appeals (BIA). You must file your appeal within 30 days of the judge’s decision.

If the BIA also rules against you, you may be able to take your case to the federal circuit courts.

Detention During Removal Proceedings

In certain situations, a noncitizen may be detained by Immigration and Customs Enforcement (ICE) while their removal proceedings are pending. This can happen if the government believes you pose a flight risk or are a danger to the community.

If you’re detained, you may generally request a bond hearing to argue for your release while your case is pending.

Consequences of a Removal Order

If you’re ultimately ordered removed from the United States, you’ll face several consequences:

• You’ll be barred from reentering the U.S. for a specified period, depending on the reason for your removal.
• You may face criminal charges if you reenter the country illegally after being removed.
• Your ability to obtain future immigration benefits may be severely limited.

Executing a Removal Order

If a person is ordered removed from the United States and does not leave voluntarily or successfully appeal the decision, ICE will be responsible for carrying out the removal order. This typically involves physically removing the individual from the country, either by air or ground transportation.

Removal by Air

Most removals are carried out by air, with ICE officers escorting the individual to their country of origin. The cost of the flight is typically borne by the U.S. government.

Removal by Ground Transportation

In some cases, particularly for individuals being removed to Mexico or Canada, removal may be carried out by ground transportation. This may involve a combination of bus and van transport to the appropriate border crossing.

Special Considerations in Removal Cases

While the removal process is challenging for anyone, there are certain situations that may require special consideration or additional legal protections:

• Removal of lawful permanent residents (LPRs) can have a profound impact on families, particularly if the LPR has U.S. citizen children or other close family members in the United States. In these cases, it may be possible to argue that the individual’s removal would result in extreme hardship to their family members.
• The Rapid REPAT program allows certain non-violent offenders to be released from prison and return to their country of origin voluntarily. This program can help reduce the amount of time an individual spends in detention and may make it easier for them to return to the U.S. legally in the future.
• Removal of minors and unaccompanied children raises special concerns and may require additional legal protections to ensure that the child’s best interests are taken into account.
• Individuals who fear torture in their home country may be eligible for protection under the Convention Against Torture (CAT). This requires a separate application process and a higher standard of proof than asylum or withholding of removal.

Contact the Law Office of Lina Baroudi for Removal Defense

Don’t face removal proceedings alone. The Law Office of Lina Baroudi is here to provide the guidance and support you need during this challenging time. Our removal defense team will work to protect your rights, explore all available options, and fight for your future.

Contact us today to schedule a consultation and take the first step toward a stronger defense.