Deportation
A removal proceeding (formerly known deportation) may be a frightened experience. In that preceding the government (Department of Homeland Security) wants to prove that the respondent (the foreign national) is subject to any of the grounds of inadmissibility or deportability.
The removal proceeding begins with the filing of the Notice to Appear to the Immigration Court. The Notice to Appear is the charging document that states the grounds that the government wants to use to obtain the deportation of the respondent.
The respondent has the right to be represented at no cost to the government by an attorney. It is extremely important that the respondent is represented by an attorney who can give a competent representation and explores the different alternatives to avoid deportation.
The removal proceeding is presided by an Immigration Judge. There are different kinds of relief from removal that may be applied during the removal proceeding including waivers, asylum, withholding of removal, cancellation of removal and adjustment of status.
The voluntary departure is another option to avoid removal. The advantage of the voluntary departure is that the person may have time to wrap up things and personal matters and depart whenever is convenient within the voluntary departure period which may be up to 90 days depending if it was requested at the initial hearing (called Master Calendar Hearing) or at the end of the proceeding.
On the other hand a voluntary departure technically is not a removal so the person would avoid having a removal in the records. If the person does not depart within the voluntary departure period and alternative removal order comes into effect.
If the Immigration Judge orders the removal of the alien, the respondent has the right to file an appeal, a motion to reopen or a motion to reconsider.
The appeal is decided by the Board of Immigration Appeals (BIA). Once the BIA makes a decision a petition to review may be filed to the Federal Circuit Court. Eventually a case may go up to the U.S. Supreme Court which is the highest federal court.
At the Law Offices of Hugo C. Castro we have the knowledge, experience, resources and capabilities to provide you with a strong legal representation throughout the removal process, motions to reopen or reconsider, appeal to the BIA or a petition to review to the federal courts.
We will strive to avoid the separation of the families and to protect your desire to remain in the United States.