The removal proceeding takes place in Immigration Courts, which are located in many states. The cases are conducted by Immigration Judges. Such a proceeding is begun when the U.S. Department of Homeland Security (DHS) files a Notice to Appear (NTA) Form I-862 with the United States Immigration Court.
The formal name for the NTA is the Order to Show Cause (OTC), Form I-221. This document gives specific charges and immigration violations that were committed by someone who was issued the NTA. Frequently, this NTA notice gives the date and place of the first immigration court hearing, but when it doesn’t give a date and time of the hearing, court personnel will send a hearing notice once the Notice to Appear is filed with Immigration Court and this will list the date, time and place.
Many things could place someone in a removal proceeding. Common reasons are: staying in the U.S. past the date authorized by the DHS, being in violation of terms of admission into the U.S., committing a crime – either a felony or of an immoral nature, or entering the U.S. when you haven’t been inspected or admitted by an immigration officer.
When a person goes before the Immigration Judge, they must respond to the charges given in the NTA. The government has the discretion to avoid prosecuting to the full extent of immigration law and might drop all or at least some of the charges made against the immigrant. This is when the immigrant either has to allow the charges in the NTA and ask to be saved from removal, or deny the charges are true and give evidence why they aren’t subject to being removed and feel they can stay in the United States.
Several benefits or methods of relief might be available if a person is in a removal proceeding. Common benefits are the Application for Asylum and for Withholding of Removal, the Application for Withholding of Removal under the U.N. Convention Against Torture, the Application to Register Permanent Residence or to Adjust Status, or the Cancellation of Removal. Someone who has been put into a removal proceeding can also ask the government to exercise prosecutorial discretion or to close the removal proceeding.
Contact the office of Attorney Ayesha Chaudry for more information on removal proceedings. She has experience in helping people in New York and Connecticut. This is a very complicated situation and requires help from a family immigration attorney who can help.