There are a variety of reasons why a person is served with a Notice to Appear and placed in deportation proceedings (formally known as removal proceedings). They may have been charged with a crime in the United States or overstayed their visa permission or have been deported previously, to name a few possibilities. For those who find themselves with a notice to appear before an immigration court or detained at an immigration detention center, there may be a way we can help.
There are different ways to defend against deportation but whether any of them can provide relief in a case depend on a person’s unique circumstances and immigration history.
Timing is important in removal proceedings because arguments for bond and/or defenses to deportation should be presented to an immigration judge as soon as possible – typically at the first hearing called a Master Calendar Hearing. At the Master Calendar Hearing or soon after, applications for relief must be prepared and submitted for the court’s consideration.
In some cases, it may be possible for government counsel to favorably exercise prosecutorial discretion if a person does not meet the government’s removal priorities or is a clear candidate for some form of relief. More typically, however, a decision on whether a person will be removed from the United States will occur at the last hearing before the immigration judge – the Merits Hearing. At the Merits Hearing, final evidence is presented and testimony is given before the court. The court then issues a final order in the case.
Our experienced legal team may be able to represent you in deportation proceedings. We help people in Roanoke and the surrounding region. Call us today at (540) 358-5593 to reserve a free consultation.