Deportation proceedings are now called removal proceedings. This is a process that may result in you being removed from the United States unless you can raise a defense. You may also be able to receive bond so that you can be released until you’re scheduled for your final immigration court hearing. Counsel from Poarch Thompson Law and our immigration attorneys can give you the best chance of remaining in the United States.
If you are in removal proceedings, you will receive a Notice to Appear (“NTA.”) You usually receive this when you are in the custody of Customs and Border Patrol (CBP) or Immigration and Customs Enforcement (ICE). Additionally, you will be assigned a 9 digit A number referred to as the “file number” or the “alien number.”
Each agency has different, changing priorities and will place individuals in removal proceedings in order of highest importance. You may be placed in removal proceedings if you:
In general, removal proceedings while a client is in detention may take only a few months. In contrast, removal proceedings after a client is released from detention usually take many years. Various forms of relief before the Court or from USCIS can speed up or slow down the process with the Immigration Court.
Notice to Appear: You are taken into custody by an immigration authority, and you are given a Notice to Appear. This is filed with an immigration court, that will issue you a hearing date in which you must attend. At this first hearing, or at a subsequent hearing, if you qualify, you may request a bond to be set in your case. Read more on immigration bonds below.
Hearings: Usually, at least two hearings are held. The first is a “Master Calendar” hearing where you, your attorney, and the judge will decide how your case will proceed and any application for relief must be filed at the Master Calendar Hearing. Immigration proceedings, especially while detained are very difficult. If you move forward without an attorney, it may harm your potential for a case in the future. Therefore we recommend you hire an attorney as soon as you are able. The final hearing is an “individual” hearing, where your attorney presents your entire case to the judge. This hearing may last hours and require testimony.
Decision: After your individual hearing, the judge will make a decision about your case and whether or not you are to be removed from the United States.
An immigration bond can be set either by Immigration and Customs Enforcement (ICE) at the time of your detention or by an immigration judge at your court hearing. Not everyone who asks for bond receives one and the amount of the bond varies greatly based on criminal history, family ties to the United States, and the defense an individual has to their removal proceedings. You can pay the bond amount directly to the government or use a bondsman.
After you are taken into custody, an Immigration Judge or Deportation Officer can decide how much money is required for you to be released. If the bond that is set is paid, you will be released. If you do not attend your court dates, the government will keep the money that was paid. Some individuals are not eligible for an immigration bond. Contact us immediately to ensure you are eligible for bond.
At your Master Calendar Hearing, your attorney will submit a form of relief as your defense in order to remain here in the U.S. Common forms of relief include:
Many other options are available and may help your case, depending on the facts and evidence that you can gather. You should always work with an immigration lawyer to discover your best option.
It depends on your case. If you are eligible for cancellation of removal, you can apply for your work authorization once the petition is submitted. Under an asylum case, you must wait 150 days after you have filed your case before applying for your work authorization. USCIS will require biometrics, and the average processing time from filing to work authorization depends on the case type for which you qualify. Other forms of relief may not permit you to receive work authorization.
Whether or not you stay in the U.S. depends on choosing the right relief option for you and presenting the case as strongly as possible to immigration judges and officers. The law in this area is very complex, and you will be more likely to succeed with a competent attorney.
At Poarch Thompson Law, we have worked for years successfully defending immigrants from the difficult, heart-wrenching consequences of removal from the U.S. We consult carefully with the immigrant and their family to understand the nuanced facts of their immigration history, and we work diligently to find the best removal defense.
Each case is assigned attorneys and paralegals who support and manage the removal case from initial intake to conclusion. Additionally, our whole firm, including other attorneys, work as a team to support your case. Your Poarch Thompson Law team will send you easy-to-read checklists, track deadlines, answer questions, and ensure that your submissions are timely and received by the court.
Although many cases are successful, not every case can be. Removal defense is difficult and depends on the changing interpretation of laws by the courts, the involved immigration agencies, and Congress. At Poarch Thompson Law, we don’t take cases where the only option is to accept removal from the U.S., we fight hard to win our clients relief from removal, and we offer payment plans to make removal cases affordable.