What Are Removal Hearings, and How Does the Process Work?

Removal, or deportation, is the process of removing an immigrant from the United States. Only non-citizens can be removed, so an individual in the U.S. on a “Green Card,” on another visa, or who is undocumented can face removal.

The removal process starts with a Notice to Appear before an immigration judge for a hearing. This Notice to Appear tells you:

1. The nature of the proceedings against the immigrant (or alien).
2. The legal authority under which the proceedings are conducted.
3. The acts or conduct that the government claims you have violated.
4. The charges against the immigrant (alien) and the statutes that supposedly were violated.
5. The immigrant (alien) may be represented by counsel.
6. The requirement that the immigrant (alien) must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which he or she may be contacted about the proceedings.
7. The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien’s address or telephone number.
8. The consequences for failing to give address and telephone information to the Attorney General.

• The time and place at which the proceedings will be held. If you do not attend, you will most likely lose your case unless you can show Exceptional circumstances.

From here, you may have to attend two separate hearings. The first one is very important: if you do not attend, you could be permanently removed from the United States, and may not be able to come back to the country for another 10 years. The hearings themselves are to determine whether or not you must be removed from the country, or whether you can stay, as decided by the judge.

First hearing

At your first hearing after you receive an NTA, it is best to attend with your lawyer but you may attend alone. The process is often hard to understand for non-lawyers, so hire an immigration lawyer. Your lawyer will let the judge know he or she can speak on your behalf, will confirm your address or an address change with the court, and then inform the judge that you wish to seek relief from removal (through an adjustment of status, by seeking asylum, or by any other applicable means) and stay in the country. Then, your immigration attorney will probably ask the court for more time to prepare your case, if needed. From here, the judge may set a date for the next hearing, called the merits hearing, where your attorney can help you make your case.

Merits hearing

This is the second hearing in the removal hearing process. Depending on how busy the judge is, it can take a long time to get to this date. This hearing can feel a bit like a trial to some people, because you will testify on your own behalf, and the Department of Homeland Security’s counsel will cross-examine you. Your own lawyer will ask you questions as well.

Ideally, this is the end of the process for you, because the judge will hear your case and grant you relief from removal. If, however, he or she decides against you, then you can appeal that decision to the Board of Immigration Appeals within 30 days of the judge’s decision. If you do not appeal, then you must leave the country within 30 days of the judge’s decision, or you can be arrested and then removed. You also generally have the right to appeal that decision as well.

If you receive a Notice to Appear, you want an experienced Nashville immigration attorney like Perry Craft on your side. Please call 615-953-3808 or fill out our contact form to schedule your meeting. The Law Office of Perry A. Craft, PLLC proudly serves Nashville, Middle Tennessee, and other areas as well.