• October 1, 2022

What happens if I receive a notice of removal/deportation proceeding?

If Immigration and Customs Enforcement (ICE) determines that you have violated an immigration law, they will initiate removal or deportation proceedings. First, your case will be referred to the Office of Chief Counsel, the sector responsible for processing immigration cases. Lead Counsel will send you a Notice to Appear, stating the reason for the removal and any allegations that support it. The notice will also provide the date, time and place of your hearing. Make sure you have your current address with the court at all times. Failure to appear at any of the following hearings discussed could have serious consequences.

After the Notice to Appear is issued, the Immigration Court will issue a Notice of Hearing. This document is intended to notify both the alien and the Lead Attorney of the date, time, and place of the hearing. If you don’t show up for the hearing, the presiding judge will issue a deportation order because you didn’t fight back. If for some reason he does not attend his hearing, he will have to convince the judge to reopen his deportation proceedings. He would advise you to seek the help of a Phoenix immigration attorney if he did not show up for the hearing.

The next step in the process is that you must appear at the first hearing known as the Master Schedule Hearing. The master calendar hearing is an informal proceeding where the judge will call you for a couple of minutes and explain the reasons ICE is seeking to deport you. If you are at the master schedule hearing without representation, you can ask the judge for an extension to hire an attorney. However, the US government will not pay for your representation, so it may influence whether or not you seek an attorney. At the next Master Calendar hearing, you must tell the court about the legal basis for staying in the U.S. You or your attorney will file all petitions and requests for relief at this time, and the judge will schedule an individual hearing date.

The last step in the process is the Individual Hearing. The individual hearing is similar in form to any trial you have seen on television. It is much more formal than the master calendar hearing. You will normally take the stand and will have to testify under oath about the questions your lawyer will ask you. After your attorney has finished asking questions, the government attorney will ask you questions about what you have proven. If you have witnesses, he will call them to the stand to testify. After you and all of your witnesses have been examined, the attorneys have the opportunity to present closing arguments. After closing arguments, the judge will make a decision. If you lose your case, you will have to decide whether or not to appeal your case to the Board of Immigration Appeals.

The rules and procedures in removal proceedings are quite complex and that is why it is in your best interest to seek the advice of an experienced Phoenix immigration attorney.

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