Kurzban Kurzban Tetzeli and Pratt P.A.
Nationwide Firm
Injury, Immigration and Business Attorneys
Aggressive Advocacy and Exceptional Civil Litigation Success

What is the removal process?

Because immigrants come to the U.S. for a specific purpose, it is often devastating when hey are faced with deportation. This process can be initiated for a variety of reasons, including illegal immigration. However, there are other reasons, such as violating the terms of a visa and committing a serious crime that could cause an immigrant lawfully in the states to be deported. If an individual is set to be deported, he or she will be formally removed for the United States.

What is the removal process? The Executive Office for immigration Review or EOIR oversees the court proceeding. The firs step of the process is a removal hearing. This is conducted to determine whether or not an individual is subject to removal from the U.S. and is begun when the Department of Homeland Security files a Notice to Appear with the immigration court.

The first hearing in the process is known as the master hearing. This is when the judge asks a series of questions, and if the immigrant admits to the sufficient facts provided in the matter, removal could occur at this point. However, if this does not occur, an individual hearing will be set up. In this hearing, the DHA must prove, by clear and convincing evidence, that the immigrant is in fact removable. Much like a trial, both sides can make an opening statement, examine witnesses, prepare exhibits and make a case for or against removal.

If a foreign national is determined to be removable, there is a chance to withhold this ruling. A withholding hearing is when a judge determines whether an immigrant who has been ordered to be removed sis eligible for withholding of removal under the Immigration and Nationality Act or the Convention Against Torture.

Facing removal from a country one seeks to make their home is a difficult predicament to be in. Thus, those facing deportation should understand the matter they are in and how best to proceed.

Source: Findlaw.com, "The Removal Process," accessed Jan. 14, 2018

No Comments

Leave a comment
Comment Information
Kurzban's Immigration Law Sourcebook

We Literally Wrote The Book On Immigration Law

Our firm is a recognized leader in immigration law and litigation. We handle the spectrum from family and employment-based visas to deportation defense and immigration appeals. Founding partner Ira Kurzban authored the Immigration Law Sourcebook, widely used by immigration lawyers, judges and government officials as the authoritative field reference.

Aggressive Advocacy and Exceptional Civil Litigation Successes Call Our Firm at 786-401-4706 or Fill Out the Secure Form Below

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

IIUSA | 2018 EB-5 Industry Achievement Awards | Litigator Of The Year |Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
2018 EB-5 Industry Achievement Award

Miami Office
2650 SW 27th Avenue
2nd Floor
Miami, FL 33133

Phone: 786-401-4706
Fax: 305-444-3503
Miami Law Office Map

Jacksonville Office
10752 Deerwood Park Boulevard South
Suite 100
Jacksonville, FL 32256

Map & Directions

Jed Kurzban Of Counsel at Damon Key Leong Kupchak Hastert, A Law Corporation
1003 Bishop Street
Suite 1600
Pauahi Tower
Honolulu, HI 96813
Phone: 808-531-8031

Kurzban Kurzban Tetzeli and Pratt P.A.