Asylum and Removal Proceeding

Asylum and Removal Proceeding


Deportation cases involve hearings conducted by an immigration judge to determine an individual’s eligibility to remain in the United States. These proceedings are initiated when the government alleges that an individual lacks valid immigration status or has committed acts that invalidate their existing immigration status.

Notice to Appear:

Deportation proceedings commence when a U.S. immigration official files a “Notice to Appear,” which includes the allegations against the individual, with the Immigration Court. The government bears the burden of proving these allegations and the grounds for removal. Failure to appear for a hearing usually results in the immigration judge granting the government’s request for removal.

Master Calendar Hearing:

The removal proceedings begin with an initial hearing called a master calendar hearing, which may be followed by multiple such hearings. During the master calendar hearing, the individual facing potential deportation, referred to as the respondent, must admit or deny the charges brought against them. The respondent also has the opportunity to present any defenses to removal and file applications for relief, such as asylum, cancellation of removal, or adjustment of status.

Individual Calendar Hearing:

The individual calendar hearing, also known as the merits hearing, is typically scheduled during the master calendar hearing. This hearing is more comprehensive and involves the immigration judge listening to testimony, reviewing evidence, and considering legal arguments to make a decision on the motions or applications presented.

Wilkes Legal, LLC:

At Wilkes Legal, LLC, our attorneys specialize in immigration law and provide clients with effective and innovative strategies for defense in removal proceedings. We understand the stress and complexity faced by immigrants and their families during this challenging process. Our dedicated team offers personalized support to ensure that each client is well-informed and able to present a strong case at every stage of the proceedings.

Asylum as a Defense:

Individuals in removal proceedings who have experienced persecution or fear future persecution in their home countries may be eligible for asylum. To establish asylum as a defense against removal, the individual must demonstrate that they have suffered or may suffer persecution based on factors such as race, religion, nationality, political opinion, or membership in a particular social group. The persecution must originate from the government or entities the government cannot control, and it must extend throughout the individual’s entire country, not just a specific region.

Cancellation of Removal:

A form of relief known as “Cancellation of Removal” may be available to individuals in removal proceedings who have resided in the United States for a significant period and have not committed certain crimes. If granted, this relief allows lawful permanent residents to retain their status or provides non-lawful permanent residents with a green card, effectively ending the removal proceedings. Eligibility criteria vary based on the individual’s residency status and the hardship their removal would cause to a qualifying family member.

Motions in Deportation Cases:

Individuals facing deportation have the option to challenge the government’s charging document, allegations, or evidence through various motions. These include motions to terminate or dismiss, motions to suppress, motions to reopen, and motions to reconsider. These motions allow for the identification of mistakes