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Facing deportation (removal) is an extremely harsh consequence any non-U.S. citizen can face. Imagine spending years (and even decades) in the United States, and all of a sudden, you are faced with the risk of being sent back.
Whether you are a legal permanent resident, visa holder or an undocumented person, facing deportation is one of the most stressful and frightening experiences one can face. One’s entire future is at stake.
Deportation proceedings is generally commenced with a Notice to Appear (NTA). The NTA will specify the reason why removal/deportation proceedings have commenced against you. This is an extremely serious proceeding that one should not go at all alone.
One may receive an NTA if Immigration and Customs Enforcement (ICE) had already filed a detainer against the non-U.S. citizen once the non-U.S. citizen completes his or her sentence in a state prison. An individual may also receive an NTA and be subject to deportation if the non-U.S. citizen is involved in visa fraud, alien smuggling or is convicted of:
Contrary to popular belief, removal proceedings are not actually criminal hearings. The initial hearing in a deportation/removal proceeding is known as a “master hearing.” An individual who is subject to deportation is known as the “Respondent” who is entitled to be represented by counsel but at no expense to the government. Accordingly, there are no “public defenders” involved in removal proceedings. Additionally, the rules of evidence are relaxed and instead of a court reporter, the proceedings are taped.
There are various forms of relief a non-U.S. citizen may be qualified for. These include but are not limited to cancellation of removal, asylum & withholding of removal, adjustment of status, and protection under the Convention Against Torture.
If you or a loved one received an NTA or are aware of an ICE detainer placed on a loved one, you should immediately consult with an immigration attorney right away based on the extreme consequences of deportation. The Law Firm of Kyce Siddiqi offers client affordable and diligent representation in removal proceedings. Call today to arrange for a consultation.