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ONE of the more frightening moments in an immigrant’s life is the prospect of being removed from the United States and separated from friends and family. However, before the Immigration Service can physically remove a person from the United States, the Service must first place that person in Immigration Court. Once in Immigration Court, during a process know as "removal proceedings," a Government attorney will attempt to convince an Immigration Judge to order the alien removed. However, the alien has the opportunity, and the right, to obtain an attorney and contest whether in fact he is removable and if so whether there is any form of relief that will permit him to remain in the United States.
To begin the removal proceedings, Immigration & Customs Enforcement (ICE) will issue a "Notice to Appear" (NTA) charging an alien with being removable from the United States. There are many grounds for removing an alien from the United States including the commission of a crime, overstaying a non-immigrant visa, or even entering the United States without a visa. ICE may also issue an NTA if the alien misrepresented some material fact or used fraudulent documents in order to obtain an immigration benefit – even if the misrepresentation occurred many years ago. Once the NTA is filed with Immigration Court, the alien will be scheduled to appear for what is called a "Master Hearing" to determine the next steps. This first hearing is critical for the alien and can set the foundation for either a successful defense or a disappointing result.
During these proceedings, an attorney with the Office of the Chief Counsel will represent the Immigration Service. This government attorney is responsible for establishing the alien is removable from the United States. Although an Immigration Judge will receive and weigh evidence from both the government attorney and the alien, the Immigration Judge will not prepare or present the alien’s case. For that, an alien has the opportunity, and the right to obtain an attorney of their own at his or her own expense. A well-presented case by an experienced ICE attorney must be met by a better-prepared case by the alien’s representative to ensure an alien can remain in the United States.
As such, it is important to seek a highly skilled and knowledgeable immigration attorney. An experienced attorney will either deny the charges of removability in what is known as a Contested Master Hearing or may seek relief from removal at an Individual Hearing – or both. However, just because a person may be eligible for relief does not mean they will win. It is necessary to present sufficient documentary evidence and oral testimony to convince the Immigration Judge that the alien is eligible and deserving for that relief. The evidence must clearly convince the Immigration Judge that the alien meets all the elements for the relief as set forth in the Immigration and Nationality Act. The alien must also convince the Court to exercise favorable discretion and grant the relief. In other words, an alien must present additional evidence to show the Judge why, despite having overstayed or lied or committed a crime, he or she should be given a second chance at a life in America.
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