This article will help you understand the deportation removal process & what you need to know.  If you have been scheduled for a deportation, it is important that you understand the various stages of this process. The stakes are high and it can be extremely complicated to go through deportation. One of the most important things to do is to retain an Arizona immigration attorney as soon as possible.

How a Removal Hearing Starts

The Department of Homeland Security is responsible for initiating removal proceedings and the Department has attorneys who handle the deportation cases in immigration court.. A professional and thorough response prepared by an immigration attorney is extremely important. It is in your best interests to have as much information as possible about your situation, and an attorney can tell you more about what to expect as the process unfolds.

DHS is responsible for serving an foreign national with what is known as a notice to appear before an immigration judge. The individual must be informed about:

  •    Grounds for removal
  •    Nature of the proceedings
  •    The individual’s right to hire an attorney
  •    The consequences of failing to appear at these hearings

The First Hearing

The first hearing is referred to as a master calendar hearing. Although an attorney is not required at this appointment, it is a good idea to be represented. Even if an Arizona immigration attorney is not hired to represent the foreign national, attendance at the first hearing is required and failing to attend could have serious consequences. By failing to attend the hearing, an automatic removal order will be initiated. These consequences are severe; because there could be a ten-year bar initiated against the foreign national who is ordered to be deported.

Merits Hearings

If the foreign citizen has a valid reason for remaining in the U.S. than an Arizona immigration attorney could defend against removal. A court hearing, similar to a trial, will be scheduled. At the hearing, evidence will be presented and witnesses could testify. .

A removal hearing is a serious proceeding and it is important to consult with a knowledgeable Arizona immigration attorney to help ensure your case is presented well and your rights are protected.

 

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding The Deportation Removal Process & What You Need to Know, You Need an Immigration Attorney, or other Immigration Law matters,  please feel free to contact Phil D. Ortega at  480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.