Deportation / Removal Defense
Deportation or removal proceedings is the legal process by which an immigrant is compelled to depart from the United States for purported violations of U.S. Immigration laws. The Department of Homeland Security (DHS) is responsible for proving that the immigrant is removable.
Removal proceedings generally require an immigration judge to make the following findings:
- Whether the immigrant is removable; and
- Whether the immigrant is eligible for any form of relief from removal.
Removal proceedings are initiated when the government issues and serves a Notice to Appear document on an immigrant. The Notice to Appear advises the alien of the nature of the removal proceedings, the date of the hearing, the alleged violations, the immigrant of his right to an attorney at no expense to the government, and the consequence for failing to appear at the hearing.
At the initial master calendar hearing, the immigrant must plead to the charges and assert any defenses that are available. Immigration law provides a variety of defenses or relief from removal.
The following are some of the most common forms of relief from removal:
- Voluntary Departure
- Cancellation of Removal
- Adjustment of Status
- Withholding of Removal
- Deportation/Removal Articles
Contact Merrillville, Indiana attorney Alfredo Estrada for a complementary strategic planning session.