Understanding the Removal Process

Understanding the Removal Process

What is Removal or Deportation?

Removal is the process in which the U.S. government determines that an illegal immigrant must be removed from the court.  This is also known as deportation.  Since the removal process is complicated and complex, it is imperative that you seek legal counsel to assist you.

What the Removal Hearings Process?

When you are at risk for removal or deportation, the Department of Homeland Security, commonly referred to as “DHS”, will commence a removal proceeding.  This is usually done through the Department’s Immigration and Customs Enforcement Division, or “ICE.”  The DHS serves the alien with a Notice to Appear before an immigration judge which will outline the nature of the proceedings, the alleged ground for the removal, the person’s right to an attorney, and the consequences that he or she may face if they fail to appear.

The Master Calendar Hearing

The first hearing that the person must attend is known as the master calendar hearing.  While you do not necessarily need an attorney for this hearing, it may be a good idea to have one.  If you fail to attend this hearing, the judge may enter an automatic removal order against you.  At the master calendar hearing you will then schedule a date for your merits hearing.

The Merits Hearing

The merits hearing is when you and your lawyer defend against the removal.  Your case will be presented during this hearing and you may be allowed to testify on your own behalf, submit evidence and exhibits, present witnesses, or even experts to help defend your position.

If you are facing deportation, you should consult with an experienced immigration attorney.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

 

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