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The Basics of Removal Proceedings

When you or a loved one has received a notice to appear (often referred to as an "NTA") before an Immigration Judge, it is important that you know what rights and responsibilities that you are afforded during the process. The issuance of an NTA means that DHS has begun a removal process against you, meaning that they will be presenting evidence to the Immigration Court to try to have you removed from the United States. In removal proceedings, you are permitted the right to be represented by a lawyer, although the US government will not provide an attorney free of charge, unlike in criminal proceedings. You are also provided with the right to examine any evidence against you and cross-examine witnesses. Furthermore, you are permitted to present evidence in your defense.

Removal proceedings are unlike other court proceedings in many ways. Most obviously, removal proceedings do not permit the use of a jury and many of the rules governing what information can be submitted and considered by the court (known as the "Rules of Evidence) are relaxed, meaning that information that may be hurtful to your case is more easily submitted for the court's consideration. Should you require a foreign language interpreter, the court is required to provide someone that can speak to you in your own language.

A skilled immigration attorney will help to protect your rights and ensure that you are provided with a full and fair hearing. Should an immigration judge find that you are removable from the United States, you can request relief from removal, including Cancellation of Removal, Asylum, Withholding of Removal, Protection under the Convention Against Torture, Adjustment of Status, Registry, Change of Status and Voluntary Departure. Knowing what you can and cannot do in removal proceedings will help to ensure that you are completely protected and pursuing the correct strategy to ensure that you can remain in the United States.

Should you want to schedule an appointment with an attorney from Robert Brown LLC, feel free to contact us at your convenience.

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