What is the removal process?

| Jan 19, 2018 | US Immigration Law |

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