Monday, March 10, 2008 Reeves: Representation in removal proceedings By Robert L. Reeves
ONE of the more frightening moments in an immigrant’s life is the prospect of being removed from the United States and separated from friends and family.
However, before the Immigration Service (IS) can physically remove a person from the United States (US), the IS must first place that person in Immigration Court. Once in Immigration Court, during a process know as “removal proceedings,” a government attorney will attempt to convince an immigration judge to order the alien removed. The alien, though, has the opportunity and the right to obtain an attorney, and contest whether in fact he is removable; if so, whether there is any form of relief that will permit him to remain in the US.
To begin the removal proceedings, the Immigration and Customs Enforcement (ICE) will issue a “notice to appear” (NTA), charging an alien with being removable from the US.
There are many grounds for removing an alien from the US, including the commission of a crime, overstaying a non-immigrant visa, or even entering the US without a visa. ICE may also issue an NTA if the alien misrepresented some material fact or used fraudulent documents in order to obtain an immigration benefit - even if the misrepresentation occurred many years ago.
Once the NTA is filed with Immigration Court, the alien will be scheduled to appear for what is called a “master hearing” to determine the next steps. This first hearing is critical for the alien and can set the foundation for either a successful defense or a disappointing result.
During these proceedings, an attorney with the Office of the Chief Counsel will represent the IS. This government attorney is responsible for establishing the alien is removable from the US.
An alien has the opportunity and the right to obtain an attorney of his or her at his/her expense. A well-presented case by an experienced ICE attorney must be met by a better-prepared case by the alien’s representative to ensure an alien can remain in the US.
As such, it is important to seek a highly skilled and knowledgeable immigration attorney. It may be tempting to try to save money and choose an inexperienced lawyer, but the price of losing the case is much higher than the cost of a good attorney.
