How do I know I am in Removal Proceedings and what are my options?
The first step to any removal case is to first examine the Notice to Appear (NTA). The NTA will have your name, alien number, and a list of allegations stating why the United States Government believes that you are inadmissible or deportable from the United States. The NTA has to be personally served on you or sent via certified mail. If you received your NTA any other way there may be grounds to contest service. Improper service can lead to problems for the United States government trying to remove you from the United States.
As an attorney for Respondent, our first option is to examine whether or not the U.S. government served you, the Respondent, properly. The second step is to examine whether there is an adequate factual basis to put you into removal proceedings, because you are not, in fact, removable (deportable). At one of your first hearings in immigration court, the judge will ask you to admit or deny factual allegations and concede or contest any charges of removability. It is at this stage that by denying any allegations the U.S. Government has the burden of proving that you are in fact removable.
If the government cannot meet its burden than the Immigration Judge will close your case and you will be free to go. If the government can prove its’ burden than you will still be able to file any applications for relief that you may be eligible for.
As soon as you receive the NTA it is a good idea to hire an attorney to review your case. An experienced immigration lawyer can determine if you have been placed into removal proceedings unfairly or by mistake. If it was a mistake or you are legal to be in the United States an attorney can then move quickly to get your case terminated. Knowing your rights from the start of a case can save you a lot of time and money.
Find out more about deportation and removal defense from the Phoenix immigration lawyers at Ariano & Reppucci, PLLC.