Strategic and Aggressive Criminal Defense And Immigration Representation

Fighting Removal Proceedings

When immigrants are considered for deportation, or removal, from the United States, there are a number of steps that will occur and certain court proceedings they will have to go through. If you are currently in this situation, you are probably stressed and fearful about what the future holds. You might be wondering what will happen when you go before an immigration judge and what your options are.

At Bartell Georgalas & Juarez, our skilled Ohio immigration attorney and his knowledgeable team are here to guide you through the entire process. We can help you plan out your deportation defense strategy, and we can represent you in removal hearings. Learn more about the various steps of removal proceedings by reading the information included below.

What Starts The Removal Proceedings Process?

The removal proceedings process begins when an immigrant is served with a “Notice to Appear,” or a document that is filed by the Department of Homeland Security (DHS). This document informs the immigrant that he or she must appear in immigration court. The notice will include information about the following:

  • The nature of the proceedings
  • The legal authority being used to conduct the proceedings
  • The acts or conduct that are alleged to be unlawful
  • The charges being carried out against the immigrant, and the laws that are alleged to have been violated
  • The fact that the immigrant may be represented by counsel and further information regarding this matter
  • A requirement to provide the Attorney General with current address and telephone number
  • When and where the proceedings will be held
  • What will happen if the immigrant fails to appear

About Removal Proceedings

The Executive Office for Immigration Review (EOIR) – which is a component of the U.S. Department of Justice – oversees removal proceedings, including immigration hearings in immigration courts and administrative appeals under the Board of Immigration Appeals (BIA). In immigration court, the attorneys representing the government are from DHS’ Immigration and Customs Enforcement (ICE).

There are various types of immigration proceedings. First, there is the Master Calendar Hearing or the initial hearing that is designed to handle any preliminary issues with the immigration case. During this proceeding, the immigrant is asked to either admit to or deny the charges against him or her. Next is the individual hearing, where the immigration judge determines whether the immigrant must be removed or whether the individual qualifies for some form of relief.

Both the immigrant (also known as the respondent) and the government’s attorneys will be able to argue their sides of the case. Finally, there can be a post-hearing proceeding for an immigrant who is either granted relief from removal or given an order for voluntary departure. Beyond these proceedings, an individual can also use the appeals process to challenge a previous immigration court decision that he or she believes to be unfair.

There are various types of removal relief that immigrants can apply for, such as cancellation of removal orders, waivers of inadmissibility and others. When an immigrant who is undergoing removal proceedings apply for such relief, the government’s attorney provides that individual with certain pre-order instructions, which allow for background and security checks to be made before relief is officially granted, according to the United States Citizenship and Immigration Services (USCIS) website. Once relief is granted, there will be post-order instructions detailing how to obtain proof of the individual’s new immigration status and employment authorization.

Columbus Immigration Attorney Fighting For You

When you are going through removal proceedings, it is crucial that you have an experienced immigration lawyer representing you. Not only can your lawyer help you prepare for your immigration court hearings, but the legal professional can also attend the hearings with you and serve as your legal advocate.

At Bartell Georgalas & Juarez, we have over a decade of experience and an in-depth understanding of the United States’ immigration laws. Don’t go before an immigration judge without the proper guidance. Call us at 216-710-6700 today or fill out our free case evaluation form.

We serve residents throughout Ohio, including Cincinnati, Columbus, Akron, Canton and Cleveland. Our immigration firm also assists those throughout the nation and across the world that may need immigration help.