If the US government believes that a non-U.S. citizen (often called an alien) was not entitled to enter the country or entered the country legally but then broke certain laws, then the government may start removal proceedings against the alien.

The removal proceeding is a hearing at which both the government and the alien present evidence in support of their position. This is one of the first steps the government takes in an effort to deport or remove an alien from the country. Deportation or removal is the process by which a foreigner is expelled from the country.

There are many reasons that a person might be deported, explained in more detail in this article.

Types of Aliens

The US government considers there to be two types of aliens:

  • Those who arrived legally, but then became subject to deportation (for example, if they overstayed their visa or committed a crime)
  • Those who did not take the necessary steps to legally enter the country, and would not have been permitted entry if they had taken the required steps

If you are facing removal proceedings, it's important to know which category the government believes that you fall into. Aliens who arrive legally have more options available to them during the deportation proceedings.

The Immigration Hearing

If you are subject to a removal proceeding, the government will issue a Notice to Appear, informing you of the date and time of your hearing. You'll also receive details about the charges against you so that you can prepare your case. Hiring an immigration attorney can be worth the effort because a removal proceeding can be complex with a high stakes outcome.

The hearing will be presided over by an immigration judge. Immigration judges are responsible for deciding whether aliens are inadmissible (that is, the person never should have been admitted to the United States in the first place) or deportable (meaning the person was legally admitted to the country, but now must be expelled because the individual has broken a law).

Government lawyers will present evidence of the case against the alien.

Evidence

The government must first provide clear, unequivocal and convincing evidence that the accused individual is, in fact, an alien.

The alien is responsible for showing clear, unequivocal and convincing evidence that proves he or she is not guilty of the charges, and should be permitted to stay in the country.

If the alien is not an applicant for admission (in other words, the person entered the country legally), then the individual has to provide evidence that his or her presence in the country is legal. If the individual is able to do so, then the government must then prove that the individual is deportable.

If the alien is an applicant for admission (that is, the person illegally entered the United States), then the individual has to prove that he or is entitled, beyond doubt, to be admitted to the country.

It is the immigration judge's responsibility to evaluate the evidence produced at the hearing and decide whether the alien should be removed from the United States. If the judge determined that the alien should be deported from the country, the judge will also let the alien know whether and how the case can be appealed, and explain the consequences if the alien fails to leave the country.

Rights During an Immigration Hearing

The Fifth Amendment to the U.S. Constitution says, in part, that a person should not be "compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law." In the context of immigration, due process means that the government has to respect the rights of an individual who is subject to immigration proceedings, and give that person a fair hearing.

The rights of an alien before and during an immigration proceeding include the right to:

  • Representation by an attorney
  • An impartial immigration judge
  • Cross-examination of witnesses and examination of evidence
  • The use of an interpreter
  • Sufficient notice about the date and time of the hearing
  • Details about the charges against the alien

Questions for Your Attorney

If you receive a Notice to Appear at a removal hearing, an immigration attorney can help you navigate this complicated legal situation. Immigration law is complex, and an immigration attorney can provide you with invaluable assistance.

Among the questions to consider asking your lawyer:

  • How much experience do you have in handling cases similar to mine?
  • What is the likelihood of success in my case?
  • What are my legal options?
  • How much do you charge for your services?