Knowing what to expect during your hearing is essential if you’re facing removal. It may help you to understand what the immigration judge will be looking for and how to present your best arguments to fight against being removed.
In a removal case, there are three primary stages. During each one, the government and the foreign national present evidence and arguments against the other party’s claims.
Testimony
During the removal defense hearing, your lawyer will likely have a lot of evidence to present. This may include witnesses, photographs, and sworn statements.
You will also have the opportunity to testify on your own. This is the time to tell your side of the story and explain your legal arguments in the context of your case.
The immigration judge will also be able to ask you questions and listen to your testimony. The hearing will typically last a few hours, but it can be longer or shorter.
You can also fight your removal by challenging the government’s charging document (“Notice to Appear”), the government’s allegations against you, or their evidence using motions such as “Motion to Terminate,” “Motion to Suppress,” and “Motion to Reopen” (the name is a mouthful). The best part is that these motions can be filed before your case even begins, giving you the time to mount a serious defense.
What to Bring
Whether you are facing removal or not, an immigration attorney can help you prepare for your case. This includes determining whether you are eligible for a defense to deportation, such as cancellation of removal, asylum, or an appeal.
Your case begins with the government issuing a Notice to Appear (NTA), which lists several allegations and cites the law under which you are removable or deportable. It also explains the consequences of failing to appear in court and your right to hire an attorney.
The NTA and other charging documents can be contested using motions to terminate, dismiss, suppress, reopen, and reconsider. These motions provide an opportunity to highlight mistakes in the government’s documentation or handling of a case, share important new facts in a case, or clarify favorable aspects of the law.
For immigrants with criminal convictions placed in removal proceedings, a motion to terminate may be particularly valuable because it allows an individual to hold the government to its burden of proof on a deportable charge. In addition, a defense attorney may be able to argue that a criminal conviction should not be considered a deportable offense under a legal test called the “categorical approach.”
Preparing for the Hearing
A removal defense hearing, or deportation hearing, is one of the most stressful legal proceedings an immigrant can undergo. Often, the stakes are high, and an immigrant’s most valuable rights are at risk.
During a removal defense hearing, the immigrant may need to admit or deny allegations raised against them and present any defenses that might help avoid removal. The government also has the opportunity to present its arguments and evidence before the judge.
If you are facing removal, getting a legal representative before the hearing begins is essential. A lawyer can help develop a strategy to defend you against the government’s allegations and preserve your immigration rights.
Your first hearing, called a “master calendar hearing” will allow you to admit or deny the charges brought against you and identify any defenses that might help avoid removal. The master calendar hearing is also a chance for you to apply for relief from removals, such as asylum or marriage.
Appeals
During the hearing, the immigration judge will review the evidence presented by both sides. She will then decide whether to grant relief from removal or deportation.
Suppose the government does not prove its charges. In that case, the judge will schedule a second hearing to hear the respondent’s application for relief from removal (known as an individual or merits hearing). At this hearing, both the government and the respondent will present evidence and arguments.
This may take several hearings before both parties have had a chance to present their evidence and defenses.
During the hearing, keeping a positive attitude and not letting your emotions get the best of you is crucial. Failure to attend a removal defense hearing is not an excuse and will result in the judge giving you a deportation order without further investigation.