Understanding the intricate process of removal proceedings can help alleviate some anxiety by shedding light on what to expect. Let’s walk through the typical steps in the deportation or removal process. Remember, every case is unique, and the circumstances of your case could be different.
Issuance of Notice to Appear (NTA) and Detention
The process usually begins with the issuance of a Notice to Appear (NTA) by the United States Citizenship and Immigration Services (USCIS). After receiving the NTA, an individual may be detained by immigration authorities or released under certain conditions, such as posting an immigration bond or being placed under supervision.
Master Calendar Hearing and Individual Merits Hearing
The first hearing, known as the Master Calendar Hearing (MCH), is conducted to confirm the individual’s identity and present their case’s legal aspects. If the case proceeds, an Individual Merits Hearing is scheduled for the judge to evaluate the merits of the case.
Immigration Judge’s Decision and Appeal Process
After reviewing all the evidence and arguments, the immigration judge issues a decision. The outcome could be removal, relief from removal (allowing the individual to stay), or termination of proceedings. If the decision is unfavorable, there might be an option to appeal to the Board of Immigration Appeals (BIA) and, in certain cases, to the federal courts.