How Do Removal Proceedings Work?
The terms ‘removal proceedings’ and ‘deportation’ are sometimes used interchangeably because they do essentially mean the same thing. In 1996, however, the term ‘decoration’ was replaced with ‘removal proceedings’ in the Immigration and Nationality Act. The change was intended to make the process sound more administrative in nature, and less punitive. Below, our Florida immigration attorney outlines the most important things to know about removal proceedings in the United States.
Purpose of Removal Proceedings
When the United States government believes a non-citizen has violated immigration laws, it will initiate removal proceedings to remove the individual from the country. Typically, an immigration judge will oversee proceedings in the Executive Office for Immigration Review (EOIR).
Being placed into removal proceedings does not necessarily mean an individual will be removed from the country. There are times when someone may be eligible for an adjustment of status that could allow them to stay in the country. For example, if a person can apply for asylum, that may allow them to remain in the United States and terminate removal proceedings. To be eligible for an adjustment of status such as this, individuals must meet certain criteria.
If individuals are unsuccessful during removal proceedings, the judge will issue a removal order. After the issue is ordered, the non-citizen may be removed from the country at any time.
Steps During Removal Proceedings
As with all legal matters, there is a very specific process that is followed when an individual is facing removal. The steps during these proceedings are as follows:
- Notice to Appear: The Notice to Appear initiates removal proceedings. It is served to the non-citizen, informing them to appear at an initial hearing.
- Master Calendar hearing: The Master Calendar hearing occurs before an immigration judge so they can hear the initial facts of the case.
- Individual hearing: The non-citizen will appear before an immigration judge so the merits of the case can be determined.
- Appeals: If the judge issues a removal order, the non-citizen may be able to appeal the decision to the Board of Immigration Appeals (BIA).
- Removal: If the removal order is not appealed or reversed, the non-citizen is subject to removal from the country at any time.
The length of time removal proceedings take varies because it is dependent on so many factors, including the caseload of the court and the complexity of a specific case. Generally speaking, removal proceedings can take anywhere from several months to several years. Anyone going through removal proceedings should work with a Florida immigration attorney who can give them the best chance of success.
Call Our Immigration Attorney in Florida Today
Facing removal proceedings is stressful, and you may not know what to expect. If you or someone you love has been issued a Notice to Appear, our Florida immigration attorney can help. At Florida Law Advisers, P.A., our experienced attorney will guide you through the process and work tirelessly to help you obtain the best outcome possible. Call us now at 1 (800) 990-7763 or chat with us online to schedule a consultation and to learn more about how we can help.
Source:
justice.gov/eoir/reference-materials/ic/chapter-4/2
