Understanding the removal process: what to expect

Facing removal (deportation) proceedings can be overwhelming and intimidating. At Umana Law Office, we aim to provide clarity and guidance so that you understand what to expect at each stage of the process. Here is an overview of the key steps in the removal process:

1. Notice to Appear (NTA)

The process begins when you receive a Notice to Appear (NTA). This document outlines the government’s allegations against you and the reasons for initiating removal proceedings. It is crucial to review the NTA carefully and seek legal counsel to address the charges.

2. Master Calendar Hearing (MCH)

The first court appearance in removal proceedings is the Master Calendar Hearing. During this hearing:

  • The judge will confirm your identity and ensure you understand the charges in the NTA

  • You will need to state whether you admit or deny the allegations

  • The judge may set deadlines for submitting applications or documents if you are seeking relief from removal

Tip: Arrive early, dress professionally, and bring all relevant documents to court. Your attorney will guide you through this process.

3. Individual Hearing

If you apply for relief from removal (such as asylum, withholding of removal, or cancellation of removal), you will attend an Individual Hearing. During this hearing:

  • You will present evidence and testimony supporting your case

  • Witnesses, if any, may testify on your behalf

  • The government’s attorney may cross-examine you and your witnesses

  • The immigration judge will make a decision on your case

4. Bond Hearings (If Applicable)

If you are detained by Immigration and Customs Enforcement (ICE), you may request a bond hearing to seek release while your case is pending. To succeed, you must show that you are not a flight risk or a danger to the community.

Tip: Provide strong evidence, such as proof of family ties, employment, and community involvement, to support your bond request.

5. Possible Outcomes

At the conclusion of the removal process, the judge may:

  • Grant Relief: If you successfully apply for relief, you may remain in the United States and receive legal status or protection

  • Order Removal: If the judge denies your case, you may be ordered removed (deported). In some cases, you can appeal the decision

6. Appeals

If your case is denied, you may appeal the decision to the Board of Immigration Appeals (BIA). Appeals must typically be filed within 30 days of the judge’s decision.

Key Tips for Navigating the Removal Process

  • Hire an Experienced Attorney: A knowledgeable immigration attorney can provide invaluable support and advocacy throughout your case

  • Stay Organized: Keep copies of all documents related to your case and attend all scheduled hearings

  • Communicate Openly: Share all relevant information with your attorney, and notify them immediately of any changes in your circumstances

  • Follow Legal Deadlines: Missing a deadline can harm your case, so ensure that all filings are submitted on time

The removal process can be complex, but you don’t have to face it alone. At Umana Law Office, we are here to guide you every step of the way, fighting for your rights and exploring all available options to help you stay in the United States.