How is one removed?

Before April 1, 1997, persons already in the United States against whom deportation proceedings were commenced were issued “Order to Show Cause” (OSC) forms.

Deportation actions commenced by the Immigration and Customs Enforcement after April 1, 1997 for all persons already in the United States it wishes to remove are done through the issuance of a “Notice to Appear” (NTA).

The NTA states the nature of the proceedings, legal authority for the proceedings, factual allegations and identification of provisions and statutes said to be violated. The NTA orders the respondent to appear at an initial hearing (“Master Calendar”) before an Immigration Judge. If an NTA has been issued to you, an immigration attorney should accompany you to the hearing. At this hearing, the Immigration Judge reiterates the allegations set forth in the NTA, advises the respondent of his/her rights and forms of relief apparently available, and records the relief for which the respondent requests. The respondent may also designate the country to which he/she wishes to be removed to if the INS is successful at this time. The respondent will also be scheduled for an Individual hearing at a later date to determine whether relief will be granted in the Judge’s discretion. .

At the Individual hearing, the Immigration Enforcement (ICE) is represented by a trial attorney whose job is to prove the allegations set forth in the NTA and argue against the Judge granting discretionary relief. The respondent (applicant for relief), by his or her attorney will counter by disproving the trial attorney’s claims and/or proving the client’s eligibility for discretionary relief.

At the end of the Individual hearing, the Immigration Judge may issue a decision immediately or a later date. The Immigration Judge may grant the alien’s request for relief or enter an order to remove the alien. If the ruling goes against the alien, he or she has the right to appeal. A Notice to Appeal the Immigration Judge’s decision must be filed within 30 days or the right to appeal is waived