Removal
Removal hearings are conducted to determine whether an alien is subject to removal from the country. All aliens subject to removal from the US are subjected to removal proceedings. These proceedings are generally the only procedure for determining whether an alien is inadmissible, deportable or eligible for removal relief.
The Department of Homeland Security (DHS) handles removal proceedings. If the DHS alleges a violation of immigration laws, it has the discretion to server an alien with a Notice to Appear. This document orders the individual to appear before an Immigration Judge, and advises him or her of, among other things:
- Individual’s right to an attorney
- Nature of the proceedings against the individual
- Individual’s alleged acts that violated the law
- Consequences of failing to appear at scheduled hearings
Removal proceedings are conducted to determine:
- the alien’s removability from the United States, and
- eligibility for a form of removal relief.
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
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