Law Office Francis Mwangi PC

There are times when United States Immigration laws will be applied and a decision will be reached that the applicant is excludable or inadmissible to the United States.  This results in deportation or removal proceedings in Immigration Court.

Deportation/ Removal occurs when the federal government formally removes an alien from the United States for violations of a number of immigration or criminal laws. If deported or removed, an alien may face various consequences including the chance of ever returning to the United States under any status.

An alien may be subject to deportation or removal from the United States if he or she:

• Is an inadmissible alien according to immigration laws in effect at the time of entry to the U.S. or adjustment of nonimmigrant status;
• Is present in the U.S. in violation of the Immigration and Nationality Act or any other U.S. law;
• Violated non-immigrant status or a condition of entry into the U.S.;
• Terminated a conditional permanent residence;
• Encouraged or aided any other alien to enter the U.S. illegally;
• Engaged in marriage fraud to gain admission to the U.S.;
• Was convicted of certain criminal offenses;
• Failed to register or falsified documents relating to entry in to the U.S.;
• Engaged in any activity that endangers public safety or creates a risk of national security; or
• Engaged in unlawful voting.

Removal Proceedings begin with the issuance of a Notice to Appear (NTA).  The notice is served in person or sent through the mail to the individual or to his or her attorney.

The Notice to Appear will contain charges and facts to support the charges and state a hearing date, time and venue for the hearing.  This hearing is known as the “Master Calendar” hearing.  During this initial hearing, that is similar to an arraignment in criminal court, you will be asked to plead to the charging document and present your defenses to removal.  If no relief is available, the Court could dispose of the case the same day.  The Court will call many cases on its docket and you will not be the only person in Court facing a removal charge.

If there are avenues for relief against removal, the Court then schedules another hearing known as the “Individual hearing.”  During that hearing, only your case is heard by the Court and you may present evidence and witnesses to defend your case or prove eligibility for an Immigration benefit.

If the Court decides the case in your favor, removal proceedings will be terminated.  If your applications are denied, you may be granted voluntary departure.  In some cases, you may appeal the decision of the Immigration Judge.  An appeal and accompanying brief are filed with the Board of Immigration Appeals.  (BIA).  Further appeals could lead to petitions for review in the federal Circuit Courts of Appeal and the United States Supreme Court.

At the Master Calendar hearing you will have to prove eligibility for relief from removal through

• Adjustment of Status
• Cancellation of Removal
• Asylee or refugee relief
• Withholding of removal
• Registry
• Voluntary Departure