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What Immigrants Should Do If Removal Proceeding Are Underway

Massive deportations are one of the legacies left by the administration of former President George W. Bush that have been strongly carried out during President Barack Obama’s consecutive terms. In the aftermath of the 9/11 terrorist attacks in the United States, thousands of immigrants have been deported and removed despite protests from advocacy groups.

As the Obama administration comes to an end, the White House has tried to stem the deportation flow by enacting certain immigration relief programs. Nonetheless, immigrants who face removal proceedings are still expected to deal with the process on their own.

The first step in dealing with removal proceedings is to understand that they are very serious. The process formerly known as deportation has transformed into a full-fledged judicial and enforcement proceeding that can culminate with physical detention and forcible expulsion. Still, a removal must be presented before an immigration judge through a court proceeding, which means that affected immigrants have a right to due process and an opportunity to defend their right to remain in the U.S.

Given the judicial nature of these proceedings, immigrants facing removal should retain the services of experienced immigration lawyer in San Diego who can look out for their best interest in court. As much the U.S. judiciary takes pride in its transparency, fairness, and respect for due process, the reality is that the Executive Office for Immigration Review, the venue where removals are handled, is an overwhelmed court system that has developed a reputation for being an administrative office churning deportations of immigrants without adequate representation.

Immigrants who receive a Notice to Appear (NTA) from immigration officials must immediately notify their attorneys. The NTA will list a series of allegations, which may or may not be factual, of violations to U.S. law. Failure to respond and appear could lead to what is known as an in absentia hearing, which often involves a court order that allows agents to locate the immigrant for physical removal.

At the hearing, the charges must be denied per the recommendation of counsel. It is important to remember that an overzealous approach to massive deportations has created a culture of mistakes and abuse by immigration officials, and this situation can be used by counsel to seek a favorable outcome for the client.

If you’ve received a Notice to Appear and need counsel, are looking to become a citizen through naturalization, or are hoping to attain permanent residency through employment, we can help. KS Visa Law offers free immigration consultations in San Diego, and we have more than a decade of experience helping people just like you. Reach out to us today by calling (858) 874-0711.

April 2024