What to Expect in Removal Proceedings
Why Are People Put in Removal Proceedings
Immigrants can be put into removal proceedings for several reasons. If a person applies for asylum with U.S. Citizenship and Immigration Services (USCIS) and USCIS cannot issue an approval of the application, USCIS will refer the case to the Immigration Court so an Immigration Judge can render a decision. If a person applies for Adjustment of Status to a Lawful Permanent Resident (a green card application) and USCIS denies the application, they have a policy that all denied applications will be referred to an Immigration Judge. Also, if someone is arrested, Immigration and Customs Enforcement (ICE) can place that person in removal proceedings.
What Happens in Removal Proceedings
The first thing that will happen is USCIS, ICE, or CBP will issue a Notice to Appear (NTA). The NTA will list the reasons why the government thinks you should be placed in removal proceedings. From there, the Office of Chief Counsel (OCC), which are the attorneys who represent the government in removal proceedings, will decide whether or not they want to pursue removal proceedings against someone. If OCC decides to proceed, you will receive a Notice of Hearing from the Immigration Court. It is very important that you attend all court hearings on time.
The first hearing will be what is called a Master Calendar Hearing. At this hearing, the Court will expect you to answer the NTA. This means describing when and how you entered the U.S. and where you are from. The Judge will also expect you to state what defenses you are applying for. If you are afraid of returning to your home country, it is very important that you tell the Judge at this hearing. Depending on what defenses you are applying for, the judge will either schedule another master calendar hearing or an individual hearing.
If the judge schedules another master calendar hearing, it will likely be for you to turn in your applications for relief. For example, if you are applying for Asylum and Cancellation of Removal you will be expected to turn those applications in at this hearing. If the Judge forgoes this hearing, you will be expected to mail your application to the court by a certain date. The Judge will then schedule a hearing called an Individual Hearing. This will be your final hearing where you will present evidence and the Judge will make a decision on your hearing.
What Happens at an Individual Hearing
The Individual Hearing is your chance to present evidence and testimony regarding why the Court should grant your case. You will need to submit a Pre-hearing Statement 15 days before your hearing. This statement needs to include a legal analysis of why the Court should grant your case as well as all evidence you would like the Court to consider. After the hearing, the Judge may issue a decision immediately or may issue a decision at a later date. If your case is denied, you have 30 days to file an appeal.
