What to know about removal proceedings

On Behalf of | Nov 12, 2020 | Immigration |

Citizens of foreign nations who currently reside in Texas could be removed from the United States if they violate federal immigration laws. The Executive Office for Immigration Review is the division of the Department of Justice that is responsible for overseeing deportation court proceedings. There are several different types of hearings that an individual who is selected for removal may need to attend.

Removal hearings determine if an individual is subject to deportation

A removal hearing occurs after a foreign national receives a Notice to Appear from the Department of Homeland Security. The notice will also be presented to the judge presiding over the hearing. The person who is subject to deportation will be given more information about why the notice was issued and the consequences of not showing up for the hearing. In many cases, an individual will be admit his or her guilt and then ask for relief.

Master or individual hearings can result in deportation

Typically, a master hearing is simply an opportunity for a foreign national who wants an attorney or needs a translator. However, depending on the information provided during the proceeding, a judge may find that there is cause to order a person removed from the United States.

An individual hearing is structured much like a criminal trial. The government must provide clear and convincing evidence that the target should be sent back to his or her country of origin. The foreign national’s attorney is then allowed to make an opening statement, present evidence disputing the government’s case and make a closing statement.

If you are subject to removal from the United States, it may be a good idea to hire an immigration law attorney to help with your case. An attorney might be able to cast doubt on evidence used by the government to justify its position that you have violated one or more immigration laws. Legal counsel might also assist in the process of obtaining a bond to secure your freedom while your case is being considered.