Removal and Removal proceedings are nightmares of undocumented aliens in USA.
Once an undocumented immigrant is arrested by Immigration authorities, the ICE deportation officer will make an initial determination as to whether to place the person into removal proceedings and, if so, how to charge the person. Most often, the charge will be unlawful entry into the U.S., overstaying a non-immigrant visa, or one of various criminal grounds, if you were previously arrested and convicted of a crime.
To initiate removal proceedings, the deportation officer will serve you and the immigration court with a Notice to Appear (NTA). The Notice to Appear lists the immigration-related charges against you. You then have the right to see an immigration judge. The immigration judge does not work for ICE — he or she is part of the U.S. Department of Justice and is there to give you a fair trial.
If you do not agree with the charges, you can fight them. Even if the charges are correct, you may still be eligible for relief from removal. For a discussion of possible defenses, see “Once an undocumented immigrant is arrested, the ICE deportation officer will make an initial determination as to whether to place the person into removal proceedings and, if so, how to charge the person. Most often, the charge will be unlawful entry into the U.S., overstaying a non-immigrant visa, or one of various criminal grounds, if you were previously arrested and convicted of a crime.
To initiate removal proceedings, the deportation officer will serve you and the immigration court with a Notice to Appear (NTA). The Notice to Appear lists the immigration-related charges against you. You then have the right to see an immigration judge. The immigration judge does not work for ICE — he or she is part of the U.S. Department of Justice and is there to give you a fair trial.
If you do not agree with the charges, you can fight them. Even if the charges are correct, you may still be eligible for relief from removal. For a discussion of possible defenses, see “Possible Defenses to Deportation of an Undocumented Alien.”
Removal proceedings can be lengthy, sometimes taking years to complete. As long as you do not have a prior order of removal, nor sign agreement to your deportation or accept voluntary departure, you will not be immediately deported just because you are caught.
Removal proceedings can be lengthy, sometimes taking years to complete. As long as you do not have a prior order of removal, nor sign agreement to your deportation or accept voluntary departure, you will not be immediately deported just because you are caught.
