Immigration judges may put someone into removal proceedings—the more modern phrase for what was formerly called deportation proceedings—for a variety of reasons. Various sorts of relief from removal are available to individuals who are facing removal procedures. The onus is on the government to provide substantial and persuasive proof that a person is deportable from the United States. Noncitizens are able to defend themselves by calling witnesses or offering proof.
The initial formal hearing in a removal action is called the Master Calendar Hearing. The immigration court will engage with the government attorney and the foreign national during this hearing to establish a timeline that includes dates for the final merits hearing and deadlines for submitting evidence. The foreign national will also receive information from the immigration judge regarding low-cost and free legal services in the area.
Before the Master Calendar hearing, you should discuss your case with your immigration counsel, if you have one. They can offer you advice on how to react to the accusations made against you. For instance, your lawyer might be able to acknowledge these grounds of removability if the government is attempting to deport you for entering the country without a valid visa or for overstaying your visa. Under the Convention Against Torture, your lawyer may attempt to withhold your deportation if it is alleged that you would likely be tortured if you were to return home (CAT). With the exception of any conversations that are held off the record, the judge will activate the recording apparatus during the Master Calendar Hearing.
In adversarial asylum cases, the goal of the ICE attorneys' role as "prosecutors" is to refute the asylum applicant's eligibility for relief. Hearings are therefore formal, disputed trials with lots of opportunity for discovery and cross-examination. They are a great "training course" for aspiring immigration lawyers because of this.
In removal proceedings, noncitizens may request an evidentiary hearing at a master calendar or individual merits hearing in order to refute the government's case. Additionally, they have the option to file motions to end the removal process, which will let them exhale and lawfully stay in the United States for the duration of their stay.
In the event that this relief is approved, they will need to apply for citizenship or permanent residence through US Citizenship and Immigration Services. In front of an immigration judge, they can also file affirmative applications for asylum, withholding of removal, or the Convention Against Torture (CAT). The court may reject or terminate these applications based on the circumstances.
In contrast to criminal law, the Fourth Amendment's prohibitions against unauthorized search and seizure do not apply to deportation proceedings. Therefore, at your removal hearings, evidence that might be used in criminal trials for constitutional infractions might be brought forward.
Noncitizens facing deportation may be able to apply for a number of different types of relief from deportation. These consist of the status of asylum, voluntary departure, and cancellation of deportation. The majority of relief programs also have qualifying conditions, such as the respondent having to be of good moral character or demonstrating a genuine fear of persecution in their place of origin.
You have the right to contest the immigration judge's ruling by filing an appeal with the Board of Immigration Appeals, even if the judge determines that you are removable and issues a removal order. But since this is a very complicated procedure, it's advisable to start the appeal process sooner rather than later in the case. The processing of appeals can take months.
