Deportation and removal may be significant concerns on the minds of many immigrants and their family members. Deportation refers to the legal process that formally removes a foreign national from the United States for violating immigrantion laws. There are several phases of the deportation and removal process to be familiar with that are presided over by an immigrantion judge. immigrantion judges preside over immigrantion court proceedings, appeals and administrative hearings related to the deportation and removal process.
A foreign national that may be subject to deportation is brought before an immigrantion judge for a removal hearing. A removal hearing determines if the foreign national is subject to removal from the United States. The removal process begins with a notice to appear that is served on the foreign national and requires them to appear at the removal hearing before the immigrantion judge.
The next step in the process is the master hearing which may be one hearing or a series of hearings before the removal trial. Following the first master hearing, future master hearings can be set up to secure additional documents, prepare evidence, conduct discovery or await the status of a pending application before the government. At the individual hearing after the master hearing, it must be proven that the foreign national is removable. The legal standard that must be met to prove the foreign national is removable is clear and convincing evidence. A bond hearing may also be possible in detention situations.
The deportation and removal process is complex and there is a lot on the line for immigrants and their loved ones. As a result, it is helpful to have a thorough knowledge of the process, what to expect and what resources immigrants have available to them in deportation and removal situations.
Source: immigrantion.findlaw.com, “The Removal Process,” Accessed July 3, 2017
