The end of parole programs and other temporary protections has raised the risk of facing removal proceedings. If you or someone you know has received a Notice to Appear (NTA), or is otherwise facing potential deportation, it’s important to understand that removal does not always mean removal is inevitable. There are multiple legal defenses available—and preparation is essential.
Understanding Removal Proceedings
Removal proceedings begin when the government alleges that an individual is in the U.S. unlawfully. These proceedings are handled by immigration courts and can result in deportation. However, being placed in removal proceedings also provides an opportunity to present a defense and seek legal relief that may allow you to remain in the country.
The process starts with an NTA, followed by a Master Calendar Hearing, where the judge explains the charges and timelines. From there, the case may proceed to a Merits Hearing, where evidence and testimony are presented.
We assist clients at every stage of this process, ensuring they are informed, represented, and prepared.
Common Defenses Against Removal
There are several types of relief that may be available to foreign nationals in removal proceedings:
- Asylum: If you fear persecution in your home country due to your political opinion, religion, nationality, or membership in a particular social group.
- Withholding of Removal: Similar to asylum but with a higher burden of proof. It offers protection but fewer benefits.
- Convention Against Torture (CAT): Protection for those likely to face torture if returned to their home country.
- Cancellation of Removal: Available to individuals who have lived in the U.S. for at least 10 years, can show good moral character and extreme and exceptionally unusual hardship to a qualifying U.S. relative if you are forced to return to your home country.
- Adjustment of Status: If you’re eligible through family or employment, you may be able to apply for a green card while in proceedings.
Each form of relief has its own criteria and documentation requirements. Determining eligibility often involves a deep dive into your immigration history, background, and personal circumstances.
How To Strengthen Your Case
To build a strong defense, among other things, we recommend gathering the following:
- Records of entry and any immigration filings
- Personal declarations or affidavits
- Reports documenting country conditions in Venezuela
- Medical, psychological, or police records if relevant to the claim
We help clients gather this evidence and organize it into a compelling case before the immigration court.
Who Represents You Can Make a Difference
Studies consistently show that individuals with legal representation in removal proceedings are far more likely to succeed. Immigration court procedures can be complex, and decisions made at early hearings may affect the entire outcome.
At Wilner & O’Reilly, we represent clients before immigration courts nationwide. We understand the challenges and opportunities unique to these situations and take an individualized approach to each case.
To better understand the removal process and prepare for your hearing, we encourage you to read our article on what will happen at a Master Calendar Hearing.
Frequently Asked Questions
What should I do if I get a Notice to Appear (NTA)?
You should consult an immigration attorney immediately. Do not ignore the NTA—it contains important court dates and deadlines.
Can I still apply for asylum if I’m in removal proceedings?
Yes, asylum is a common form of relief in removal proceedings. You must meet eligibility requirements and file within the appropriate timeline.
Do I need to attend all immigration court hearings?
Yes. Missing a hearing could result in a removal order being issued in your absence. Always attend and bring any required documentation.
What’s the difference between asylum and withholding of removal?
Asylum offers more benefits but has stricter deadlines. Withholding has a higher burden of proof but can still protect you from deportation.
Can I work while fighting my removal case?
If you apply for asylum or certain other relief, you may become eligible for work authorization during the process. We can help determine your eligibility.
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