Filing to Avoid Deportation
Deportation proceedings can be stressful so it’s a good idea to be well informed and seek the best legal advice. Being arrested by the Immigration and Customs Enforcement (ICE) or placed in removal proceedings by the Department of Homeland Security (DHS) can be intimidating for you and your family members. Removal proceedings determine whether an immigrant will be removed or deported from the United States. There are several types of reliefs that may be available to you, if you are placed in removal proceedings.
Before the alien is placed in deportation proceedings, the Department of Homeland Security (DHS) must serve the alien with a charging document, called a Notice to Appear (NTA). The alien in removal/deportation proceedings is called the “respondent”. NTA orders the respondent to appear before an immigration judge and provides notice of the removal proceedings, the alleged immigration law violations, the ability to seek available free legal attorneys, and the consequences of failing to appear at scheduled hearings.
When the immigration court receives the NTA from DHS, the court schedules a master hearing with an immigration judge. Typically, there are two hearings: a master hearing and an individual hearing. But there may be more than one hearing, depending on your situation.
Typically, an alien arrested by Immigration and Customs Enforcement (ICE) will be placed in removal proceedings. Depending on the circumstances, the detained alien may be released on bond before the hearing. The alien must be duly notified that he or she must attend a removal hearing in the immigration court having jurisdiction over their area. There are two types of immigration hearings: a master calendar hearing and individual hearing.
This article will explain how the removal or deportation proceedings work and answer some of the basic questions about what happens at a master calendar hearing. We encourage you to talk to an experienced lawyer directly about your specific case in order to avoid any potential problems or complications.
Purpose of the “master calendar” hearing According to the Immigration Court Practice Manual, generally, when you are served with the NTA, your first appearance before an immigration judge in removal proceedings is at a master calendar hearing. The purpose of the master calendar hearing is to:
Advise you of the right to an attorney or other representative at no expense to the government.
Advise you of the availability of free and low-cost legal service providers and provide you with a list of such providers in the area where the hearing is being conducted.
Advise you of the right to present evidence.
Advise you of the right to examine and object to evidence and to cross-examine any witnesses presented by the Department of Homeland Security.
Explain the charges and factual allegations contained in the NTA to you in non-technical (simple) language.
Take pleadings, i.e. the respondent goes through the NTA and admits or denies the allegations, and pleads for some form of relief from deportation, e.g. asylum.
Identify and narrow the factual and legal issue.
Set deadlines for filing applications for relief, briefs, motions, pre-hearing statements,exhibits, witness lists, and other documents.
Provide certain warnings related to background and security investigations.
Schedule hearings to adjudicate contested matters and applications for relief.
Advise you of the consequences of failing to appear at subsequent hearings.
Advise you of the right to appeal to the Board of Immigration Appeals.
Grounds for Removal–Who is Subject?
There is a number of grounds for inadmissibility you may experience on a non immigrant visa or even green card. Such examples include:
Being convicting of a felony or crime like domestic abuse, aggravated DUI, theft, possession of a controlled substance, etc…
Committing marriage fraud in order to gain a green card.
Being diagnosed with a disease like tuberculosis or AIDS.
Engaging in any criminal activity involving espionage, sabotage or danger to public safety (i.e., terrorist activity, force, violence, etc.)
Falsely representing yourself as a citizen on an I-9, federal/state form, or student loan.
Depending on your situation you may be eligible for defenses to removal like a cancellation of removal asylum or voluntary departure.
In many cases, an undocumented individual may be arrested for a traffic violation and then taken into Immigration and Customs Enforcement (ICE) custody at a holding facility. If an undocumented relative is taken to the detention center in San Francisco, a Deportation Attorney at the Law Offices of Do and Kang may be able to help you acquire a bond for them to be released.