When an immigrant is in removal proceedings, it means they are facing the possibility of being deported from the United States. Removal proceedings are the legal process by which the U.S. government can remove (deport) a non-citizen from the country. This process is also commonly referred to as deportation proceedings.
There are a number of reasons why an immigrant may be placed in removal proceedings. Some of the most common include:
- Overstaying a visa: If an immigrant enters the U.S. on a temporary visa, such as a tourist or student visa, and stays longer than the authorized period of time, they may be placed in removal proceedings.
- Violating the terms of their visa: If an immigrant enters the U.S. on a temporary visa and engages in activities that are not allowed under the terms of the visa, such as working without authorization, they may be placed in removal proceedings.
- Committing a crime: If an immigrant commits a crime while in the U.S., they may be placed in removal proceedings. This can include both serious crimes, such as murder or drug trafficking, as well as more minor crimes, such as shoplifting or traffic violations.
- Security concerns: If the U.S. government determines that an immigrant poses a threat to national security, they may be placed in removal proceedings.
- Fraud or misrepresentation: If an immigrant is found to have provided false information or committed fraud in order to gain entry into the U.S., they may be placed in removal proceedings.
Once an immigrant is placed in removal proceedings, they will have the opportunity to defend themselves in front of an immigration judge. The judge will review the evidence against the immigrant and make a decision about whether they should be removed from the country. The immigrant will have the opportunity to present evidence on their own behalf, and they may also be able to apply for relief from removal, such as asylum or withholding of removal.
It is important to note that removal proceedings can be a lengthy process. The length of time it takes for a case to be heard can vary widely depending on the specific circumstances and the backlog of cases in the immigration court system. Some cases may take months or even years to be resolved.
The immigrant can also appeal the decision of the immigration judge to the Board of Immigration Appeals (BIA) and then to the Federal Circuit court of appeals.
It is also crucial to mention that non-citizens who are in removal proceedings may be detained while their case is pending. The U.S. government has the authority to detain non-citizens who are in removal proceedings if they are considered a flight risk or a danger to the community. This means that the person can be held in a detention center while they wait for their case to be heard.
For people who are not detained, they must attend their hearing and also check-in with the ICE as a requirement for their release.
In summary, when an immigrant is in removal proceedings, it means they are facing the possibility of being deported from the United States. The process is also commonly referred to as deportation proceedings. There are a number of reasons why an immigrant may be placed in removal proceedings, including overstaying a visa, violating the terms of their visa, committing a crime, security concerns, and fraud or misrepresentation. Once an immigrant is placed in removal proceedings, they will have the opportunity to defend themselves in front of an immigration judge and may be able to apply for relief from removal. Removal proceedings can be a lengthy process and the immigrant may be detained while their case is pending.
If you or a loved one is currently in removal proceedings, contact our office today for a case evaluation!
