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What To Expect In Deportation Proceedings
Immigration attorney, Andres Mejer, explains what to expect when deportation proceedings are started against you by the US government.
Andres Mejer :I’m Andrés Mejer and I became a speaker, a published author and immigration attorney to give people the right advice when they need it. What can I expect when the government tries to deport me? What’s that process look like?
Andres Mejer :So, removal process. What does that look like? Well, it generally begins when the government serves on you what’s called a notice to appear. This is the complaint where the government explains why it believes you should be deported from the United States. You will either receive it in person from innovation officer after being detained or you will get it in the mail. Make sure that you have the right address, because if you don’t inform immigration that you move and they mail it to you. The fact that you got it, you didn’t get it. It becomes your fault. Now, that notice to appear also has to be served with the immigration court for them to give you a date and the judge to appear. That first hearing is often called a master hearing. You can have many master hearings before your trial date. Your trial date will be called an individual hearing. During the master calendar hearings, the judge will want to know what relief you have from deportation, if you will. He or she will instruct you to file the necessary forms and supporting documentation. If you don’t speak English, a translator will be provided either in person or on the phone through a language line. If you are detained, meaning you’re in immigration jail, you can request what’s called a bond hearing. This is where you prove the immigration judge that you are a not a danger to the community or be a flight risk. If you qualify, the immigration judge will decide under what circumstances you’ll be released from custody. That may include a monetary payment you have to make for known as a bond. It might be an ankle monitoring. There’s a variety of different options the government can use to make sure that you appear in court. At the conclusion of your case, the bond amount will be returned either to you or to the person who signed for it, who put it on your behalf. Your trial date is called an individual hearing, and that’s where the government attorney must prove by clear, convincing and unequivocal evidence that you are removable. You or your attorney typically makes an opening statement. You can examine witnesses, can present exhibits and convince the judge that removal is not appropriate in your scenario. The judge’s decision can then be appealed either by you or by the government to the Board of Immigration Appeals. After that, you can apply it. You can appeal to the Circuit Court of Appeals. And if that also is you don’t like the decision or the governor’s decision. It can then go to the United States Supreme Court. In the past, we talked about Fernando and why that he didn’t qualify for an immigration bond because of his prior criminal conviction. However, while he was detained, he had many master hearings where we filed the petition for withholding of removal. We filed any supporting documents and in particular took a really long time to find a psychologist for that psychologist to have permission to go see him where he’s detained. And if the psychologist to provide a report that psychologist, his expert opinion was helpful in supporting Fernando’s story. We didn’t have a lot of proof other than what for and then Fernando’s testimony. But the doctor was able to explain why in his clinical opinion, what Fernando was suffering was or could have been caused by the trauma he faced when he was in Mexico. If you or you or a loved one has an immigration challenge and the US is trying to deport them, don’t wait. Call us now at 7 3 2 9 6 2 6 1 1 6. We also ask that you subscribe to our YouTube page and our Facebook and like our Facebook page and Andrés Mejer a law so that we can help keep you up to date on the changes in immigration.