As a non-immigrant, immigrant, undocumented non-immigrant or foreign national living in the United States (U.S.), the last thing that you want to face is being charged with violating the laws of our country including the Immigration Nationality Act (INA).
If this occurs, a “Notice to Appear” (NTA) will eventually be served on you and you will be placed in removal or deportation proceedings before an Immigration Judge. If you are placed in removal or deportation proceedings, an initial master calendar hearing will be set by the Executive Office for Immigration Review (EOIR), a division of the Department of Justice (DOJ). When you are placed in removal (or deportation) proceedings there is no right to counsel. When you receive a “Notice to Appear” (NTA) you should immediately hire a qualified and experienced immigration attorney to represent you, as time is of the essence. Waiting until it is too late or hiring an inexperienced immigration lawyer could result in you being removed from the United States permanently through an Order of Removal or a grant of voluntary departure issued by a DOJ Immigration Judge.
Your immigration status and why government counsel (DHS) believes you should be deported or removed from the United States will be at issue in these EOIR proceedings and DHS counsel will likely be in favor of the Judge issuing an Order of Removal against you unless you are able to prove you have available relief. These EOIR court proceedings will involve your immigration status and will eventually decide whether or not the law that the Department of Homeland Security government counsel (DHS) alleges that you violated will cause your eventual removal from the United States. In these proceedings, and if you are not able to later reopen your case based on procedural or legal errors that took place, you have ONLY ONE CHANCE to plead to the “Notice to Appear” (NTA), request proper relief, and have your final hearing (similar to a trial) before the immigration court. Therefore, it is imperative that you acquire expert legal representation in order to maximize your potential for remaining in the United States and obtaining a positive result instead of being ordered removed from this country and your loved ones.
What Is a Removal Hearing?
In the simplest legal terms, a removal hearing is the legal process by which the courts determine whether an immigrant, non-immigrant, undocumented non-immigrant or a foreign national should be legally removed from the United States. The process of removal or deportation begins with the person being served with a “Notice to Appear” (NTA) which is issued through the Department of Homeland Security and may be served by an officer of the United States Citizenship and Immigration Services (USCIS), Custom Border Patrol (CBP), Immigration Customs Enforcement (ICE), DHS or other enforcement officers.
What to Do if You Receive a Notice to Appear?
First and foremost, don’t panic and don’t wait. Not all individuals who receive this notice are actually charged properly or removed from the country. There is a chance to remain in the United States if you have proper legal counsel. However, there are certain criteria and legal arguments as to the law which must be made in order for your immigration attorney to be able to terminate, cancel or dismiss the removal or deportation proceedings against you. Keep in mind, if your defense or relief is not approved by the Immigration Judge, it will result in an actual removal order being issued or a grant of voluntary departure being issued by the Judge, which means that you must leave the United States within a certain period of time (usually 90 days) or an Order of Removal will be issued. That being said, this isn’t the time for you to go it alone and hiring a qualified immigration lawyer is important. You will need professional legal representation, with a qualified immigration lawyer who can file an appeal in the federal courts if necessary, and one who has an excellent track record, in order to ensure that your case is properly presented before the Immigration Court.
Possible Options If You HaveanOrder of Removal or Removal Order
In the event that an Order of Removal is issued by the Immigration Judge, or if you face either voluntary deportation or immediate deportation from this country, these decisions can become final and result in your eventual removal from the United States. There is an opportunity to appeal the Immigration Judge’s order of removal or voluntary departure issued, by filing an appeal with the Board of Immigration Appeals (BIA) to reopen your case within 30 days of the decision and later appealing a denial from the BIA in theFederal Circuit Court. However, if the underlying record is not sufficient, the likelihood of you winning any appeal will be greatly reduced. That is why it is imperative thatyouhire a qualified immigration attorney, deportation attorney or immigration appellate attorney from the beginning of your case or at least before you file any appeal with the BIA.
If you lose your appeal to federal court or if you choose to do nothing and leave the order of removal as is, this may result in you not being eligible to return to the United States for a period of up to 20 years, or being permanently barred from returning if you have been found to have committed certain crimes or violated certain laws of our country. Those who fail to leave the country within the specified period of time also face fines, further criminal actions and additional penalties; and, if the person is ordered removed, actually leaves the country and is caught re-entering the United States or re-enters without permission and is later apprehended – the individual can face time in a federal prison before being removed once again from the United States.
Consequences of a Removal Order
If you have an order of removal issued against you or if you fail to leave the country on a voluntary departure, you will not be eligible to request or apply for any additional benefits in the United States and this includes anynew visa or legal status– at least until the order of removal is reopened.
If you have exhausted all relief and still have an order of removal issued against you or if you failed to voluntarily leave the United States as ordered by the court and an order of removal was issued, you will more than likely be taken into custody and processed for removal. If this occurs, an experienced immigration attorney may be able to obtain a “stay of removal” in order to release you from custody and/or keep you in the United States for a period of up to one year. This stay will allow you to remain in the United States while your immigration lawyer works to reopen your case or appeal other prior state court or federal decisions.
If you, or a loved one or someone you know has been served with a NTA or is facing removal proceedings, deportation proceedings or an immigration hearing, please don’t hesitate to contact the experienced immigration attorneys at Goldstein & Scopellite, PC. They will fight to protect your rights and your immigration status. Goldstein & Scopellite, PC has offices in Dallas, Texas and Tucson, Arizona.
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Goldstein & Scopellite, PC, is located in Dallas, Texas and was established in 2002. For more information, see our local listing in D Magazine.
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