US Immigration Court Hearing for Removal Proceeding?

When you attend a removal or deportation hearing before an Immigration Judge, make sure that you walk into the courtroom accompanied by the most experienced and knowledgeable deportation defense attorney that you can find. Why? Because the government will be represented by an attorney who has probably appeared in hundreds, or even thousands, of deportation hearings.

Removal proceedings begin when a respondent (typically an alien) is served with an administrative summons called a "Notice to Appear." The Notice to Appear is a dated document served by a U.S. immigration official (typically U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection) to a person suspected of entering the United States without inspection, remaining in the United States beyond the terms permitted by a visa, committing certain crimes which result in removability even if in lawful status, or otherwise being present in the United States unlawfully.

Among other things, a Notice to Appear contains a numbered list of factual allegations against the respondent. For example, a typical Notice to Appear might state:

1. You are not a citizen or resident of the United States
2. You are a citizen and national of [respondent's alleged home country]
3. You were admitted to the United States on [month], [day] [year] as a B visitor for a period not to exceed 180 days.
4. You remained in the United States beyond your term of admission.

These factual allegations may also list any crimes allegedly committed by the respondent in the United States, whether the respondent previously filed any applications with United States Citizenship and Immigration Services and their disposition, and if the respondent presently holds or previously held any lawful status. The Notice to Appear also contains a charge of removability, which is often a reference to which section of the Immigration and Nationality Act that DHS is attempting to use to remove the respondent. The Notice to Appear may or may not contain a court date for the respondent to appear and answer the charges contained therein. If no court date is listed, the respondent may be notified of the court date by mail or in person at a future date.

Failure to appear for a removal hearing will result in an in absentiaorder of removal being entered by the Immigration Judge absent extenuating circumstances for the respondent's failure to appear, such as a serious illness.