What Is the Process for Removal Proceedings?

You may be eternally grateful for your opportunity to reside in the United States. So your worst nightmare may be for this right to be stripped away. That is, the last thing you want is for the United States Department of Homeland Security (DHS) to issue and file a Notice to Appear to removal proceedings. But, on the off chance they do, please continue reading to learn the general process for removal from the United States and how an experienced removal & deportation defense lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can stand by your side throughout these proceedings.

What is the general process for removal proceedings?

Upon receiving a Notice to Appear, you must read it and understand why you are being asked to present your case before the immigration court. Then, once you get your bearings, you may expect your removal proceedings to go through this general sequence of events:

  1. You may attend a master hearing, where the judge sets the schedule for your upcoming removal proceedings.
  2. You may attend an individual hearing, where you defend against the government’s claims for why you should be removed from the country.
  3. You may attend additional court hearings, only if it applies to your case at hand (i.e., bond redetermination hearings or rescission hearings).
  4. You may attend a final hearing, where the judge states whether or not you must be removed from the country.

Unfortunately, if the judge ultimately orders your removal from the United States, you may expect a letter from the government soon enough. This letter may detail when and where you must report for your trip exiting the country.

What can I do to get relief from removal?

Importantly, before the judge gives their final order, you may try to relieve yourself from removal from the United States. These efforts may extend beyond the opening statement, witness testimonies, and overall case you prepare for your individual hearing.

For example, you may apply for a stay of removal. With this, you may attempt to pause your removal for a valid reason, at least temporarily. Such valid reasonings may be that you have a medical emergency or need to attend to a family member at an end-of-life stage of their illness.

In addition, you may apply for a cancellation of removal. Here, you may ask the judge to allow you to stay in the United States as a lawful permanent resident. You may be eligible for this relief option if you are a lawful permanent resident who has been in the country for at least seven years now. Or, an undocumented immigrant who has been here for at least 10 years.

If you still have doubts about proceeding, please consult a skilled removal & deportation defense lawyer. Our team at Sesini Law Group, S.C. will point you in the right direction.

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