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Krewson Law is an independent law firm representing immigrants in deportation and removal proceedings. Rachel Krewson understands the complex legal landscape surrounding immigration and deportation and is dedicated to helping her clients navigate these difficult waters. Krewson Law can provide you with the representation you need to protect your rights and achieve the best possible outcome in your case.
Hearings held before an immigration judge to decide whether an immigrant may remain in the U.S. are removal proceedings. Removal proceedings start when the U.S. government believes an immigrant is in the country without a valid immigration status or when the individual has done something to null their valid immigration status.
Removal proceedings happen in the order as follows:
Removal proceedings begin with filing a “Notice to Appear” at a U.S. immigration office. A Notice to Appear (NTA) is the official document that starts the removal proceedings of a foreign national. And it requires the foreign national to show in immigration court for the Master Calendar Hearing.
In a removal proceeding, the U.S. government has the burden of proving the allegations and grounds for a removal order against an immigrant. Suppose the individual facing removal proceedings does not show up for the hearing. In that case, the immigration judge is within their power to grant the final removal order and will likely do so.
All removal proceedings go through an initial hearing known as a master calendar hearing. When foreign nationals attend a Master Calendar Hearing, they are referred to as the respondent. The respondent has to admit or deny the charges against them. But, they also have an opportunity to identify any defenses to removal and file application(s) to prevent their removal:
Master Calendar Hearings in removal proceedings are usually very brief. However, the respondent may supplement the application or motion they filed during the Master Calendar hearing with additional documentation and evidence within a specified time before the Individual Calendar Hearing.
The Individual Calendar Hearing also referred to as a Merits Hearing, is scheduled during the Master Calendar Hearing. Individual Calendar Hearings are longer and more intense proceedings, during which an immigration judge will hear the testimony of the government and the respondent. The Immigration judge will then review all of the provided evidence and legal arguments to decide on the motions or applications before the court.
Foreign nationals in removal proceedings have a few defense options.
Asylum as a Defense in Removal Proceedings
To qualify for asylum, an immigrant must establish the following:
To qualify for cancellation of removal, the foreign national must show they have continuously lived in the United States for at least seven years, five of which must have been a lawful permanent resident and have not been convicted of an aggravated felony. If you meet the foregoing, you must also provide evidence in support of a favorable exercise of discretion to grant your application.
Unlawful permanent residents must prove to the immigration judge that they have been in the country for at least ten years, have “good moral character,” have not been convicted of certain crimes, and that their “qualifying relative,” either a U.S. citizen or a lawful permanent resident, would suffer an “exceptional and extremely unusual hardship” if the respondent is removed.
If Cancellation of Removal is granted, the applicant will either be allowed to keep their Green Card or receive a Green Card, and the removal proceedings will end.
Any immigrant facing deportation is within their right to challenge the government’s Notice to Appear, the government’s allegations against the individual, or the government’s evidence using motions to address mistakes in the government’s documentation or handling of the case. Motions also allow the immigrant to share new or existing evidence in a case or clarify favorable aspects of the law. Any individual facing removal proceedings may file the following motions where appropriate:
If you are facing deportation, Rachel Krewson can help. She is an experienced immigration lawyer who can walk you through the removal process and help you file the appropriate applications. If have already received an order of removal, discuss if you are eligible to file a motion to reopen to present new evidence to the court. Contact us today for a consultation.
