Removal proceedings (Deportation proceedings) is the process used by the United States Government to place aliens, including those who are lawfully admitted as permanent residents, before an immigration judge. If a person is requested to appear before the Immigration Court, this means that the United States Government intends to remove (deport) you from the United States.
Immigrants are summoned before the Immigration Judge for various reasons including, but not limited to: overstaying a visa; entering using fraudulent documents; having arrests and/or convictions for misdemeanors or felonies. In certain cases, relief from removal (deportation) is possible. Depending on the case, the relief can be in the form of cancellation of removal; political asylum, inadmissibility waivers or pardons available under the Immigration and Nationality Act.
Some cases however, may be disposed of at the pre-trial level. A person may request that the court terminate or rescind a previous decision by filing a timely motion with an Immigration Judge or the Board of Immigration Appeals.
After the conclusion of a case, subject to time and number limitations, a motion to reopen can also be filed to introduce new or additional material evidence that was not available at the original hearing.
Arrests for a violation of the law may subject a person to be placed under an immigration hold. This means that the person will not be released from jail, even after posting a bond for the underlying criminal charge. There are many times that this immigration hold is illegal or improper because there is no conviction of the underlying criminal charge.
If detained, a person may be eligible for an immigration bond. The eligibility may be notwithstanding whether the person has a prior criminal history. The Department of Homeland Security also has the ability to exercise favorable discretion and parole a person from immigration custody upon request and eligibility.
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