Removal Proceedings for Non-Criminals
Removal proceedings involve non-citizens who are found to have violated immigration or criminal laws and are subject to either grounds of inadmissibility under INA § 212 or grounds of deportation under INA § 237. Removal proceedings commence when either the U.S. Immigration and Customs Enforcement (“ICE”) or the U.S. Customs and Border Protection (“CBP”) serves a Notice to Appear (“NTA”) on a non-citizen. The NTA will charge a non-citizen as being subject to removal because the individual is “inadmissible” to the United States or “deportable” as those terms are defined by the Immigration and Nationality Act (“INA”). The NTA initiates court proceedings which are formal legal proceedings before an Immigration Judge. ICE and/or CBP must file the NTA with an immigration court to initial the removal proceedings. Individuals who are detained and eligible for bond can file a motion for bond redetermination before ICE or CBP files the NTA with the court.
Immigration Judges preside over removal proceedings and non-citizens must appear at their scheduled hearings or the court will order them removed in absentia. Once removal proceedings are formally commenced, only an Immigration Judge can determine if the non-citizen is removable, deportable or inadmissible and whether the non-citizen has any relief from removal. Representation by an experienced and competent immigration attorney is essential for all non-citizens in removal proceedings. Anthony Drago, Jr., Esq. has over 28 years of legal experience and can assist you with representation in removal proceedings. Non-citizens should seriously consider hiring an immigration attorney with extensive experience handling removal cases. If you or anyone you know are placed in removal proceedings, please call our office for a consultation.