Removal proceedings begin when the Department of Homeland Security (DHS) files a Notice to Appear (NTA) with the immigration court.  You will be served with this document in person or by mail. It is important that you always update USCIS with your current address to avoid receiving a deportation order in your absence. The NTA lists the allegations against you and the charges of removal under the Immigration and Nationality Act.  Some of the most common charges are related to criminal convictions, immigration fraud, immigration status violations, and unlawful entry or presence in the U.S.

There are approximately 63 immigration courts throughout the U.S.  Some are connected to immigration detention centers, and others serve non-detained individuals.  The people you will see in immigration court are the Respondent (the immigrant), the trial attorney from DHS, the judge, the judge’s clerk, and the interpreter.  The first hearing you will attend is called a master calendar hearing.  These hearings are preliminary hearings where the judge confirms your name, address, language you best speak, and reviews the allegations and charges in the NTA.  Individual hearings are set in order to take testimony on either the allegations and charges (if denied) or on an application for relief before the court.

You do not have a right to an attorney in immigration court.  Many people represent themselves and end up receiving removal orders because they did not take the right steps to fight their case.  The current administration has prioritized efficiency over making sure your rights are protected.  For example, there is a new quota system in place where the immigration judges must complete a certain number of cases per year, and the Legal Orientation Program for detained immigrants is being eliminated.

This means that it is even more important that you consult with an experienced attorney at our firm who can review your NTA and determine how best to handle your personal situation.  Sometimes we can argue improper service of the NTA or dispute the allegations and charges against you.  Most often, we will assess your eligibility for relief in immigration court. Some forms of relief include:

• Cancellation of Removal (for permanent residents and non-residents)
• Adjustment of status
• Derivative citizenship
• Asylum
• Waivers under INA 212(h), INA 212(i), or 237(a)(1)(H)
• Voluntary departure

The form of relief that we apply for will depend on your personal situation that often depends on your length of time in the U.S., immigration status, manner of entry into the U.S., family ties, criminal history, and fear of return to your country of citizenship.