America is a country of immigrants. Many strive to come into the United States so as to get a “better life”. Sometimes, aliens or permanent residents are placed in removal proceedings. Very often this can cause a lot emotional trauma and disillusionment.
Removal proceeding a legal term referring to the legal process of removing or deporting a person from the United States, due to various issues including visa violations, denial of immigrant petitions, criminal convictions, and other problems. It is a long and complicated process; however, there are many reliefs for people who have been placed in deportation. Aliens or permanent residents in removal proceedings will not just be thrown into the next flight leaving the United States. There will be a judicial hearing in a court presided by an Immigration Judge who hears removal cases. The judge decides whether to allow the respondent remain in the U.S. or be removed.
On the date of the removal hearing (individual), the respondent will be expected to answer the charges against him or her by pleading to the allegations and to apply for any relief from removal. An alien or permanent resident may request for the following reliefs Asylum, adjustment of status, voluntary departure, Withholding of Removal, Relief under Convention against Torture, cancellation of removal, stay of deportation, and/or administrative closure where appropriate. At the conclusion of the merits (Master) hearing, the immigration judge issues a decision.
Even after a respondent’s application for relief from removal is denied by an immigration judge, the respondent may be eligible to appeal that decision to the Board of Immigration Appeals if the appeal is denied, an appeal can be made to the Federal Court Appeal, the U.S. Court of Appeal and to U.S. Supreme Court.
The content of this article is intended for general information purposes only, and is not legal advice. Removal Proceedings are highly complicated legal matters, and all respondents are strongly urged to seek legal advice before appearing in Immigration Court. Those seeking specific legal advice should contact Gertrude Onuoha Esq. at 575 Lexington Avenue, 4th Fl. NY NY 10022 (PHONE) 212-971-9704 or 7326421604)
Gertrude Onuoha Esq. is the founder of the law offices of Gertrude Onuoha, P.C. She has practiced law for more than 17 years. She has great depth of experience and a successful track record in handling employment and family-based petitions as well as PERM and naturalization applications. She is admitted to practice law in the state of New York and has a Master of Laws (LL.M) degree from Benjamin Cardozo School of Law in New York. She is a member of the American Immigration Lawyers Association, the New York Bar Association and a New York State Certified Mediator.