If Immigration and Customs Enforcement (ICE) determines that you have violated an immigration law, they will initiate removal or deportation proceedings. Your case will very first be referred to the Workplace of the Chief Counsel, the sector accountable for prosecuting immigration situations. The Chief Counsel will send you a Notice to Seem, stating the cause for removal and any allegations in help. The notice will also offer the date, time, and spot for your hearing. Make confident that you have your address updated with court at all occasions. Failure to seem at any of the following hearings discussed could outcome in serious consequences.
Immediately after the Notice to Seem is issued the Immigration Court will situation a Notice of Hearing. This document is intended to notify each the alien and the Chief Counsel of the date, time, and spot of the hearing. If you do not seem at your hearing, the presiding judge will situation an order of removal for the reason that you failed defend oneself. If for some cause you do not attend your hearing, you will have to convince the judge to reopen your removal proceedings. I would advise searching for the enable of a Phoenix immigration lawyer if you failed to seem at your hearing.
The subsequent step in the approach is that you will have to seem at the very first hearing identified as the Master Calendar Hearing. The Master Calendar Hearing is an informal proceeding exactly where the judge will get in touch with you up for a couple minutes and clarify to you the causes why ICE seeks to deport you. If you uncover oneself at the Master Calendar Hearing devoid of representation, you may possibly want to ask the judge for an extension to employ counsel. Nevertheless, the U.S. government will not spend for your representation so that may possibly influence no matter if you will seek counsel or not. At the subsequent Master Calendar Hearing you will have to inform the court of the legal basis for remaining in the U.S. You or your lawyer will submit all petitions and applications for relief at this time, and the judge will schedule an Person Hearing date.
The final step in the approach is the Person Hearing. The Person Hearing is related in kind to any trial you have noticed on T.V. It is substantially additional formal than the Master Calendar Hearing. Commonly you will take the stand and have to testify below oath to queries your lawyer will ask you. Immediately after your lawyer has completed asking queries the lawyer for the government will ask you queries about what you have testified to. If you have any witnesses, you will get in touch with them to the stand to testify. Immediately after you and all of your witnesses have testified, the attorneys have the chance for closing arguments. Following closing arguments the judge will make a selection. If you drop the case, you will have to determine no matter if or not to appeal your case to Board of Immigration Appeals.
The guidelines and procedures in removal proceedings are pretty complicated and that is why it is in your greatest interests to seek the suggestions of an knowledgeable Phoenix immigration lawyer.