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Removal Defense


What is Removal Defense?


Removal defense is assisting an individual in the determination of his or her removability from the United States.  These are administrative proceedings usually conducted in an Immigration Court by an immigration judge.


What is a Notice to Appear?


A Notice to Appear (NTA) is usually the first step in a removal proceeding.  An NTA is an administrative summon to an individual whom the U.S. government suspects of entering the country without inspection, committing certain crimes which may result in removability, staying beyond the terms permitted by the individual’s visa, or committing any other violation of U.S. immigration laws which may result in the person being removed from U.S. soil.


What if I am not able to attend the court on the date listed in the Notice to appear?


A failure to appear in a removal hearing may result in an order of removal by the immigration judge.  However, extenuating circumstances may excuse you from appearing.  Generally, one should consult an attorney and notify the court about non-appearance, seeking the court’s permission to reschedule the hearing.


Can I appeal to a higher court if my application for a relief from removal is denied by the immigration judge?


Subsequent to a denial of the application for a relief from removal, the respondent may be eligible to appeal that decision to the Board of Immigration Appeals (BIA) within 30 days of the date of the decision.  Note that if an appeal is not filed, the order removing the individual may become final after 30 days of being entered by the immigration judge.  You should consult an experienced immigration attorney for guidance as early in the removal process as possible.

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