Removal Proceedings
Removal Proceedings are administrative proceedings to determine a noncitizen’s removability under United States immigration law in Immigration court.
Procedure
Notice to Appear
Removal Proceedings begin when Department of Homeland Security(DHS) files a charging document with the Office of the Immigration Judge called a Notice to Appear(NTA). NTA is a dated document served by a U.S. immigration official to a suspected noncitizen who entering the United States without inspection, remaining in the United States beyond the terms permitted by a visa, committing certain crimes which result in removability under Immigration law.
The NTA is served on the noncitizen in person or by mail and it must provide notice about the nature of the proceeding, the specific alleged violations of law and information about the right to be represented by counsel at no expense to the government. Later, the noncitizen will be received the Notice of Hearing Removal Proceedings.
Hearing Procedures
The removable hearing is conducted by the Immigration Judge(IJ) who administers oaths, receives evidence, and may interrogate the noncitizen and any witnesses.
Master Calendar Hearing
On the date of the removal hearing called a Master Calendar Hearing or a master hearing before the immigration judge(IJ), the noncitizen will be expected to answer the charges against him or her by pleading to the factual allegations and charge of removability contained in the Notice to Appear. If the noncitizen is eligible to apply for any relief from removal such as asylum or cancellation of removal, then he or she may request such relief.
If not, the IJ may order the noncitizen removed from the U.S.
Individual Hearing
At the individual Hearing (also called merits hearing), the noncitizen will be able to present his or her documentary evidence.
Appeal
If a noncitizen’s application for relief from removal is denied by an IJ, the noncitizen may be eligible to appeal that decision to the Board of Immigration Appeals(“BIA”) within 30 days of the date of the decision. If appealed, the noncitizen’s removal proceedings continue at the BIA.