Who is placed in removal proceedings?
Any non-citizen, including individuals who are unlawfully present, lawfully present, lawful permanent resident, etc., may be placed in removal or deportation proceedings for particular violations of immigration law.
The exact reason an individual is placed in removal proceedings depends on their status in the U.S. However, individuals are commonly placed in deportation proceedings for the following reasons:
- Being unlawfully present or preset in the U.S. without parole or admission
- Remaining in the U.S. after the expiration of a valid visa
- Certain criminal convictions
Removal proceedings can have serious implications and result in deportation from the U.S. It is important to consult an experienced deportation defense attorney about all of your legal options and possible relief.
what happens in removal proceedings?
Generally, an individual is notified of the initiation of removal proceedings through a Notice to Appear (NTA), also referred to as the Form-862. The NTA will contain the Department of Homeland Security's (DHS) allegations against the respondent (person in proceedings) and the charge of inadmissibility or deportability.
During the Master Calendar Hearing, the respondent has the opportunity to address the allegations in the NTA. How a respondent deals with the NTA is important, because it determines which relief he or she may qualify. During removal proceedings a respondent may apply for the following forms of relief:
- Cancellation of Removal
- Deferred Removal
- Withholding of Removal
- Conventional Against Torture
- Prosecutorial Discretion
- Voluntary Departure
Each form of relief has its own legal requirements and bars. It is important to consult a deportation defense and be completely honest about your criminal history, entries and exits in the U.S., and other relevant information.
Holland Law Firm, PLLC- Houston Removal Defense Lawyer
Facing deportation can be a dramatic experience for the individual in proceedings and family members. For many people in proceedings, it has been years--even decades, since an individual has resided in his or her home country.
Tatiauna Holland is a knowledgable and competent deportation defense lawyer. She has confidently represented clients in removal cases involving Asylum, Cancellation of Removal, Deferred Removal, Conventional Against Torture, Withholding of Removal, Voluntary Departure, and Prosecutorial Discretion.
If you or loved one is placed in removal proceedings or is in fear of deportation, contact the Holland Law Firm, PLLC at (832) 328-7877 or submit an online form to discuss all of your legal options. Tatiauna Holland of the Holland Law Firm, PLLC represents clients throughout Greater Houston, including Midtown, Downtown, Montrose, Galleria, and surrounding areas.