Removal, formerly known as deportation, refers to the removing of a non-U.S. citizen from the United States and their return to their home country.
Why might an individual be removed from the United States?
An individual may be removed from the United States for several different reasons. These reasons include a person illegally entering the United States, legally entering the United States but staying beyond the allowable time stated on a visa, or if an individual committed a crime or crimes that would be grounds for removal.
How is removal determined?
Removal is determined in part through removal proceedings. Removal proceedings are now used in place of deportation proceedings. Removal proceedings are started when a respondent (the person involved in the removal proceeding) is contacted with a Notice to Appear. A Notice to Appear contains a list of numbered allegations that are factual against the respondent. A typical Notice to Appear my include statements such as:
1. You are not a citizen or resident of the United States
2. You are a citizen and national of [respondent’s alleged home country]
3. On [date], you pled guilty to [citation to criminal statute or statutes] or
You were admitted to the United States on [month], [day] [year] as a B visitor for a period not to exceed 180 days.
4. Under Section 238 of the Immigration & Nationality Act, you committed an aggravated felony rendering you removable, or you remained in the United States beyond your term of admission.
Removal proceedings are typically initiated upon the arrest or detention by Immigration & Customs Enforcement (ICE) of someone with an outstanding immigration hold or who is suspected by the government of being removable.
What should I do if I am detained by ICE or receive a Notice to Appear?
If you, a family member or loved one receive a Notice to Appear or are detained by ICE for removal proceedings, you should contact Atlanta, Georgia immigration lawyers at Brownstein and Nguyen. With over 20 years of experience in immigration law, we are knowledgeable and can aggressively represent clients in removal proceedings and all other aspects of immigration law.
