What is a Removal Order?
A removal order bars an individual from returning to the U.S. for a period of years, or in some cases permanently. After a removal order has been issued and, after any appeals, has become final, Immigration and Custom Enforcement (ICE) is responsible for enforcing the order and deporting the individual.
Reasons for Removal
It is important to understand the reason that you received a removal order so you can try to resolve the matter. The U.S. immigration laws provide details of grounds for removability. Some of the most common reasons for deportation include:
● Failure to maintain the status
● Failure to obey the terms of your visa
● Commission of a crime
● Violation of U.S. immigration laws
● Illegal entry
● Failure to update address change
There are many additional grounds for removability. In order to be able to stop the process of removal, you must first understand the reason you may be ordered removed. You may have questions about the removal process, so it is a good idea to talk to an experienced immigration attorney as soon as possible.
What is the Removal Process?
If you are placed in removal proceedings, the first thing that typically happens in such a case is that you will receive a notice to appear in immigration court. This is the first notice you usually get that the removal process is starting. The notice lists the government factual allegations and legal charges brought against you in the immigration court. You should also be served with a Notice of Hearing, where you are given notice of the date and time that you are to appear at a hearing. The first hearing is also called a master calendar hearing.
At the master calendar hearing, you will go before the judge to learn and challenge the factual allegations brought against you. If you have a means to lawfully remain in the country, the judge should allow you time to file a claim of relief from removal. Relief from removal means that you are eligible to file an application to stop your removal, and to present your case as to why you should be allowed to remain in the United States. You may be assigned another master hearing date.
If you have sufficient legal reasons to remain in the U.S. the judge will provide you time to gather proof or evidence of your claim. The judge will schedule an individual hearing. At the individual hearing, you will have the chance to provide the court with information and testimony to support your claim of relief. The judge will make a decision at the end of the removal proceedings. If the judge does not approve your claim of relief from removal, you may be ordered to be removed or granted voluntary departure. You may also have the right to appeal the judge’s order.
What to Do If You Receive a Removal Order
If you receive a removal order or a notice to appear, you should not ignore it. If you ignore the notice and fail to appear at the designated place and time, the judge can decide to order removal. It is helpful to immediately seek guidance from an experienced immigration attorney. You need to know the reason for the deportation order so you can take steps to resolve the matter.
Don’t panic if you receive a notice to appear in immigration court! An experienced immigration attorney can represent you in court at your own expense. If you or a loved one received a notice to appear or has a removal order, do not delay. Contact our legal team today at The Law Office of Mariana Toledo-Hermina to request a free consultation.