See What Does In Removal Proceedings Mean?

Jan 30

Written By Law Offices of Dizengoff & Yost Immigration Lawyers Philadelphia

What Is Removal Proceedings Immigration?

Removal proceedings are an enforcement process in which an individual who is removable from the United States can be ordered to leave this country. Usually, Immigration and Customs Enforcement (ICE) starts a removal proceeding under the authority accorded to them by the Immigration and Nationality Act.

The case is heard by an immigration judge and potentially reviewed by an appellate immigration judge at the Board of Immigration Appeals. These judges are employed by the Executive Office for Immigration Review (EOIR). Certain Immigration Benefits can also be granted as part of the process.

What Is A Master Hearing In Removal Proceedings?

There are three types of hearings held in immigration court: a master calendar hearing, an individual calendar hearing, and a merits hearing.

A master calendar hearing addresses preliminary matters in an individual's removal case. A master calendar usually comprises many cases, which the Immigration Judge calls one after another.

At a master calendar hearing, an immigration judge may take a plea, schedule filing deadlines, and advise individuals of their legal rights and responsibilities. An immigration judge may, in certain instances, also issue a final order in a case at a master calendar hearing if appropriate.

What Is A Motion To Terminate Removal Proceedings Mean?

A motion to terminate removal proceedings is a request made to an immigration judge to dismiss the case. It can be made because the government has failed to establish that the individual is subject to removal. It may also be made with the government's approval to transfer the case's jurisdiction to USCIS.

A motion to terminate may be made orally during a court hearing or filed in writing. Depending on whether the motion to terminate is granted with or without prejudice, it may or may not prevent the proceeding from being re-started.

What Is A Notice Of Hearing In Removal Proceedings?

A notice of hearing in removal proceedings is an order by the immigration court to schedule an individual for a hearing before an immigration judge. A notice of hearing may be issued in writing or provided to an individual orally during an immigration court hearing.

If the notice is issued in writing, it may be personally provided or mailed to the individual. The notice may specify that the hearing will be conducted online or scheduled to take place in person.

Failure to appear for a scheduled hearing in Immigration Court may result in the individual being ordered removed in their absence and precluded from receiving certain discretionary immigration benefits in the future.

Motion To Terminate Removal Proceedings Based On Approved I-130 Petition

A motion to terminate removal proceedings based on an approved I-130 petition is designed to transfer jurisdiction of the associated application for adjustment of status from the immigration court to USCIS. The advantage of such a motion is that it brings the applicant for adjustment of status out of removal proceedings.

Such a motion requires the acquiescence of ICE in its prosecutorial discretion. Once unopposed by ICE, the motion must then be approved by the immigration judge. Such a motion is invariably granted without prejudice, which means that ICE may once again institute removal proceedings in the future if it sees fit to do so.

How Long Does It Take To Terminate Removal Proceedings?

The period required to terminate removal proceedings depends on the situation and is highly case-specific. If, for example, the termination results from a challenge to the legal charge of removability, it may take substantial time. If the termination results from a favorable exercise of prosecutorial discretion, it may be significantly more expedient.

The Immigration Law Offices of Dizengoff and Yost

What Does In Removal Proceedings Mean? We are here to provide expert legal guidance and representation for people facing Removal Proceedings. With an extensive background in immigration law, our team is committed to guiding you through navigating the complexities of the removal process and protecting your rights.

Removal Proceedings Immigration Lawyer

We offer compassionate and knowledgeable support. Call our immigration lawyers today at 267-223-5862 for a free consultation and start your journey towards securing your immigration status.