Immigration INFO: What to Expect in Immigration Removal Proceedings?

Oct 28, 2018 News

By Attorney Gail Seeram

Gail S. Seeram

Removal proceedings (or “deportation”) can be initiated against a lawful permanent resident or undocumented noncitizen (collectively referred to as “noncitizens”). Removal & deportation proceedings can be initiated when a noncitizen (including a lawful permanent resident) is seeking admission to the United States, filing an application for an immigration benefit (such as U.S. Citizenship or renewing/replacing a “green card”), serving a sentence for a criminal conviction (such as probation, community service or prison), or detained by local police for a criminal matter.

There are several grounds under the Immigration & Nationality Act that the United States government can seek removal & deportation against a noncitizen. In general, the removal & deportation grounds include: criminal grounds, immigration violations, visa and passport fraud, alien smuggling, willful misrepresentation and false claim to U.S. citizenship, unlawful presence, illegal reentry after a prior deportation, security and foreign policy grounds, public charge and economic grounds, health-related grounds, and other miscellaneous grounds.

The following are considered criminal grounds: a noncitizen’s conviction for a crime involving moral turpitude, multiple crimes involving moral turpitude, aggravated felony, firearm offenses, money laundering, and domestic violence. Note, a conviction for a misdemeanor where there was no probation or jail time may be considered a “crime involving moral turpitude” and can result in a noncitizen being placed in removal & deportation proceedings.

While in removal & deportation proceedings, the noncitizen may be released on his/her own recognizance with no restrictions. In some cases, the noncitizen may be held in custody at a detention facility by the Department of Homeland Security – Immigration and Customs Enforcement (ICE), issued an order of supervision – where the noncitizen reports to an immigration officer – released on monetary bond, or released on an electronic monitoring device (such as an ankle monitor)

During the removal & deportation proceedings, the noncitizen will have several court hearings – a bond hearing, a master hearing and an individual hearing. At each of these hearings, the noncitizen will appear before an immigration judge and an attorney from the Office of Chief Counsel. Through his/her immigration attorney, the noncitizen will have an opportunity to answer to the immigration-related charges and present a form of relief or waiver seeking to remain in the United States.

Under the Immigration & Nationality Act (or immigration laws), the noncitizen may seek to apply for any of the following waivers or relief from removal once he/she meets the requirements: cancellation of removal, 212(c), adjustment of status, citizenship, 212(h) waiver, asylum, withholding of removal, convention against torture, temporary protected status and voluntary departure.

If a noncitizen is placed in removal or deportation proceedings, the biggest mistake is to opt for “expedited removal” and waiver (or give up) his/her right for a judicial hearing. All noncitizens should choose to see an immigration judge and fight removal or deportation proceedings – our office would be willing to defend and advocate for any noncitizen’s right to remain in the United States.

For more information, contact Gail Law Firm:

Email: [email protected]

Phone: 1-877-GAIL-LAW or 407-292-7730

www.MyOrlandoImmigrationLawyer.com

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