Noncitizens in Removal Proceedings
Noncitizens may be removable from the United States for different reasons, such as illegal entry to the U.S., violation of their legal status in the United States, criminal conviction, or committing fraud.
In general, noncitizens who are in the United States and are believed to be removable are placed in removal (deportation) proceedings before an immigration judge (IJ) within the Executive Office for Immigration Review (EOIR).
To start removal proceedings, the Department of Homeland Security (DHS) must file with the EOIR immigration court a Notice to Appear (NTA)–a charging document against the noncitizen (respondent) who is believed to be subject to removal. Noncitizens placed in removal proceedings will be charged under the grounds of inadmissibility or the grounds of deportability, depending on their current status in the United States.
Noncitizens found to be “removable” may be eligible to apply for one or more forms of relief from removal. Some forms of relief include asylum, withholding of removal, Convention Against Torture (CAT), Special Immigrant Juvenile (SIJ), cancellation of removal for lawful permanent residents (LPRs) and Non-LPRs, U visa, T visa, and adjustment of status.
An IJ must decide whether to grant the noncitizen’s application for relief from removal. However, some forms of relief from removal are adjudicated by USCIS. In such cases, an IJ may “administratively close” an immigration matter to allow the noncitizen to apply for relief from removal with USCIS.
The respondent and DHS may appeal an IJ’s decision to the Board of Immigration Appeals (BIA). Absent an appeal, or if the BIA affirms an IJ’s removal order, the order becomes administratively final. A noncitizen may (be eligible to) seek judicial review of a final order of removal by filing a petition for review with the court of appeals for the judicial circuit in which the immigration judge completed the proceedings.
A noncitizen with a final removal order may, however, move to reopen or reconsider a previous decision by filing a timely motion with an IJ or the BIA. A motion to reopen must state the new facts and must be supported by the material evidence that was not available at an earlier stage in the proceedings. A motion to reconsider either identifies an error in law or fact in a prior BIA or IJ’s decision or identifies a change in law that affects a prior Board or IJ’s decision and seeks a reexamination of their ruling.
Removal cases are highly complex, and individuals with legal representation in removal proceedings are far more likely to seek and obtain relief from removal. If you or someone you know is facing removal from the United States, it is critical to seek help from an experienced removal defense lawyer in a timely manner.
To learn whether you qualify for relief from removal and find out how we can help you obtain relief, book your consultation with ImmiThrive Law Firm today.
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Whether you are seeking visa or visa sponsorship, applying for citizenship, considering humanitarian pathways, or facing removal proceedings in the United States, ImmiThrive is committed to providing responsive counsel throughout all steps in the process. As a boutique immigration law firm, we pride ourselves on delivering personalized and insightful guidance and strategic advice that reflects your goals and objectives.
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Noncitizens in Removal Proceedings
Noncitizens may be removable from the United States for different reasons, such as illegal entry to the U.S., violation of their legal status in the United States, criminal conviction, or committing fraud.
In general, noncitizens who are in the United States and are believed to be removable are placed in removal (deportation) proceedings before an immigration judge (IJ) within the Executive Office for Immigration Review (EOIR).
To start removal proceedings, the Department of Homeland Security (DHS) must file with the EOIR immigration court a Notice to Appear (NTA)–a charging document against the noncitizen (respondent) who is believed to be subject to removal. Noncitizens placed in removal proceedings will be charged under the grounds of inadmissibility or the grounds of deportability, depending on their current status in the United States.
Noncitizens found to be “removable” may be eligible to apply for one or more forms of relief from removal. Some forms of relief include asylum, withholding of removal, Convention Against Torture (CAT), Special Immigrant Juvenile (SIJ), cancellation of removal for lawful permanent residents (LPRs) and Non-LPRs, U visa, T visa, and adjustment of status.
An IJ must decide whether to grant the noncitizen’s application for relief from removal. However, some forms of relief from removal are adjudicated by USCIS. In such cases, an IJ may “administratively close” an immigration matter to allow the noncitizen to apply for relief from removal with USCIS.
The respondent and DHS may appeal an IJ’s decision to the Board of Immigration Appeals (BIA). Absent an appeal, or if the BIA affirms an IJ’s removal order, the order becomes administratively final. A noncitizen may (be eligible to) seek judicial review of a final order of removal by filing a petition for review with the court of appeals for the judicial circuit in which the immigration judge completed the proceedings.
A noncitizen with a final removal order may, however, move to reopen or reconsider a previous decision by filing a timely motion with an IJ or the BIA. A motion to reopen must state the new facts and must be supported by the material evidence that was not available at an earlier stage in the proceedings. A motion to reconsider either identifies an error in law or fact in a prior BIA or IJ’s decision or identifies a change in law that affects a prior Board or IJ’s decision and seeks a reexamination of their ruling.
Removal cases are highly complex, and individuals with legal representation in removal proceedings are far more likely to seek and obtain relief from removal. If you or someone you know is facing removal from the United States, it is critical to seek help from an experienced removal defense lawyer in a timely manner.
To learn whether you qualify for relief from removal and find out how we can help you obtain relief, book your consultation with ImmiThrive Law Firm today.