Advocates for those in danger of deportation
If you find yourself facing removal proceedings, our deportation defense attorneys are here to help you with your ordeal. This page provides a general description of removal proceedings. For more detailed information and guidance regarding your specific case, please contact us today.
The Notice to Appear
The Notice to Appear is the equivalent of the information in criminal proceedings. It is the government’s way of telling you why you are being summoned to appear before the immigration judge. It is usually divided into two sections:
- The factual allegations
- The charges under the Immigration and Naturalization Act
The charges will include grounds of inadmissibility and removability. Inadmissibility refers to the fact that, even though you might be in the country, you should not be allowed into the country, usually when making an application for relief. Removability means that the government believes that you should no longer remain in the United States. These grounds are almost identical, with several notable differences.
It is important to highlight the fact that removal proceedings do not commence until the Notice to Appear is filed with the immigration court with jurisdiction over your case. This court is usually geographical, meaning that you will appear before the court closest to your home. One of our Tampa deportation defense attorneys could help you with your removal case before any immigration court in the United States.
There are several situations in which you may find yourself in the custody of the Department of Homeland Security. Usually, except in very limited circumstances, you appear before an immigration judge. You could first ask Homeland Security to set a bond, which would allow your release from custody, pending another hearing. You must show that you have the necessary connections in the United States to ensure that you are likely to show up at your next hearing. If Homeland Security does not approve the request for bond, your application could be renewed before the immigration judge. You could appeal the bond determination to the Board of Immigration Appeals if the judge refuses your request. You can make subsequent bond applications, but must show that there has been a change in circumstances that should lead to a change of the prior decision. One of our Tampa deportation defense lawyers can help you make the right decisions when submitting a bond request.
Master and individual hearings
There are usually two types of hearings in immigration court: master and individual hearings. Master hearings usually include several respondents. During these hearings, the Immigration Judge schedules the next hearing, asks for forms of relief, accepts applications for relief, and acknowledges your representative, who could be your deportation defense attorney in Tampa. Individual hearings are akin to trials in criminal court. The Immigration Judge hears arguments about whether the party bearing the burden of proof has met that burden or whether any applications should be denied or approved. Usually, the Immigration Judge enters an oral order, but some reserve ruling, especially in complicated cases.
It is extremely important to hire an experienced attorney like the deportation defense lawyers here help you with your removal case and the processes that follow, which can be difficult to navigate.
Protecting you from deportation
Eric Ludin believes that your liberty is precious and is worth protecting. If you or a family member faces removal proceedings, or if you need to talk to a Tampa immigration attorney about a related matter, call our firm at 727-315-1005 or contact us online.