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The Process of Fighting a Removal Order
The removal proceedings offer you a chance to present your case and challenge the attempt to deport you. Understanding how the process unfolds can help you better prepare and make informed decisions. Here is an overview of the core steps in removal proceedings.
Notice To Appear
Immigration and Customs Enforcement (ICE) initiates the process by issuing a Notice to Appear (NTA). This document charges you with being removable from the U.S. and outlines the reasons, such as visa violations or criminal activity. After filing the NTA with the immigration court, you must attend all scheduled hearings.
Master Calendar Hearing
The master calendar hearing marks your first court appearance. During this hearing, the immigration judge addresses procedural issues, confirms the charges in the NTA, and asks if you plan to contest the removal. The judge also inquires about any relief you may seek, such as asylum or cancellation of removal.
Merits Hearing
In the merits hearing, both sides present their cases. ICE submits evidence supporting removal while your defense attorney argues for your right to remain in the U.S. Each side introduces evidence, calls witnesses, and makes legal arguments. The judge evaluates the information presented and decides based on the facts and immigration law.
Court Order
After the merits hearing, the judge issues a court order. If the decision grants relief, you can stay in the U.S. and adjust your immigration status. If the judge orders removal, you must leave the country, but you can still appeal the decision to higher courts.
Legal guidance can protect your interests throughout the process. With in-depth knowledge of immigration regulations, skilled deportation lawyers can improve your chances of success.
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