Removal proceedings can be overwhelming, but understanding your rights and knowing what to do can make a significant difference. In our recent Youtube video, attorney Jacob Tingen provides valuable insights on how to approach deportation or exclusion proceedings, empowering you with practical steps and strategies to protect your rights.
Here’s a breakdown of the key information from the video. For a more detailed explanation, we recommend watching the full video on our YouTube channel.
What Are Deportation Proceedings?
Deportation (or removal) proceedings are a formal process through which the U.S. government seeks to remove an individual from the country.
In U.S. immigration law, "deportation proceedings" were replaced by "removal proceedings" on April 1, 1997, when the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) took effect. This change consolidated the previously separate deportation and exclusion proceedings into a single process, known as "removal proceedings," under the jurisdiction of the Executive Office for Immigration Review (EOIR).
This process often begins when someone is detained at the border or apprehended within the U.S. by immigration authorities. These proceedings are typically initiated by agencies such as ICE (Immigration and Customs Enforcement) or CBP (Customs and Border Protection), with the case being reviewed by the immigration court.
In the video, Jacob explains that deportation proceedings can happen for various reasons, such as:
- Entering the U.S. without a valid visa or permit.
- Overstaying a visa or violating visa conditions.
- Being convicted of certain criminal offenses while in the U.S.
If you find yourself in this situation, the first step is to understand the process and prepare your response.
Receiving a Notice to Appear (NTA)
The first formal step in removal proceedings is receiving a Notice to Appear (NTA). This document states the government’s reasons for seeking your deportation, including any charges against you and the date for your first court appearance.
Jacob emphasizes that this document is crucial because it marks the beginning of your case in immigration court. It’s important to review the NTA carefully and verify that all information is accurate. Any errors should be addressed during your initial court appearance, known as the Master Calendar Hearing.
In the video, Jacob goes over the different sections of the NTA and what each part means, so be sure to watch for a comprehensive understanding.
Types of Hearings in Deportation Proceedings
In immigration court, there are two primary types of hearings:
- Master Calendar Hearing: This is the initial hearing, where procedural issues are discussed, and a schedule for your case is set. Here, you’ll confirm your identity and respond to the charges in the NTA. It’s also when you or your attorney can present any defenses you plan to use.
- Individual or Merits Hearing: This is the final hearing, where your case’s specific details and defenses are examined. If you’ve filed for relief, such as asylum or cancellation of removal, this is where evidence is presented, witnesses testify, and both you and the government can make your arguments.
Jacob explains in the video that these hearings are critical points in your case. Having a lawyer can help ensure you’re prepared and that your rights are protected throughout the process.
Common Defenses Against Deportation
There are several defenses you can use to contest deportation. Some of the most common ones Jacob discusses in the video include:
- Asylum: If you fear persecution in your home country due to race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum.
- Withholding of Removal: Similar to asylum, but with a higher burden of proof. While it doesn’t offer a path to a green card, it can protect you from deportation.
- Cancellation of Removal: This is for individuals who have been in the U.S. for a long period and meet specific criteria, such as demonstrating that their removal would cause extreme hardship to qualifying family members.
- Adjustment of Status: In certain cases, you may be able to adjust your status to a lawful permanent resident without leaving the U.S., especially if you have a pending application or an approved family petition.
Each defense has specific eligibility requirements and often involves submitting evidence to support your case. Jacob explains the advantages and limitations of each option in the video, so be sure to watch for a detailed overview.
The Importance of Evidence in Your Case
Presenting solid evidence is key to defending yourself in deportation proceedings. Whether you’re applying for asylum, cancellation of removal, or another form of relief, you must provide credible evidence to support your claims.
Jacob stresses that testimony is also a form of evidence. Even if you don’t have many documents, a credible personal testimony can make a strong impact. For asylum cases, sharing your personal experiences and explaining why you fear returning to your home country is critical.
In addition to your testimony, other forms of evidence that may strengthen your case include:
- Medical records
- Police reports
- Witness statements
- News articles documenting conditions in your home country
Knowing Your Rights in Court
During deportation proceedings, you have certain rights, including:
- The Right to an Attorney: You have the right to be represented by an attorney, but it’s important to note that the government does not provide one for you in immigration cases. You’ll need to find a lawyer, either privately or through non-profit organizations that offer pro bono services.
- The Right to Present Evidence: You can submit evidence and call witnesses to support your defense.
- The Right to Appeal: If the judge rules against you, you have the right to appeal the decision to the Board of Immigration Appeals (BIA). Jacob recommends exploring the possibility of an appeal if you believe the judge’s decision was unjust or if there were errors in your case.
Understanding and exercising these rights can significantly impact your case’s outcome. For further insights into these rights and how they apply to deportation proceedings, refer to Jacob’s full explanation in the video.
Appealing a Deportation Order
If your case does not go in your favor, all hope is not lost. You have the option to file an appeal with the Board of Immigration Appeals (BIA). The appeal process can take some time, but it allows you to present your case to a higher authority.
Jacob explains that appeals often require careful legal arguments and meeting strict deadlines, which is why having a lawyer is essential. The appeal process can provide additional opportunities to remain in the U.S., especially if there was an error in your initial case.
Final Thoughts: Protecting Your Rights in Deportation Proceedings
Facing deportation proceedings can be daunting, but understanding the process and your options can make a world of difference. At Tingen Law, we believe in empowering individuals to defend their rights and build strong cases.
Our video, “Procedimientos de Deportación: Qué Hacer y Cómo Proteger tus Derechos,” provides valuable information on each step of the deportation process, from receiving an NTA to preparing for hearings and appeals.
If you’re currently in deportation proceedings or want to learn more about your rights, we encourage you to watch the full video on our YouTube channel. And if you need personalized legal guidance, contact Tingen Law—we’re here to help you navigate this challenging journey with clarity and confidence.
Don’t wait until it’s too late. Protect your rights by staying informed—watch our video today, and reach out to us for personalized assistance.
