Immigration Court and Asylum

Removal Proceedings in Immigration Court

Receiving a Notice to Appear, notifying you that removal proceedings have been initiated against you in Immigration Court, is an extremely stressful and scary situation. If you or a family member receives a Notice to Appear, it is advisable to consult with an experienced immigration attorney as soon as possible. Individuals facing deportation from the United States generally only get one chance to demonstrate why they should not be removed from the United States. Therefore, working with an experienced Immigration Court lawyer can make all the difference between being deported and being able to remain the United States.

Proceedings in Immigration Court

Removal proceedings are commenced when the U.S. Department of Homeland Security (“DHS”), files a Notice to Appear (“NTA”) with the Immigration Court which has jurisdiction over the foreign national (known as the respondent). After the NTA is filed with the Immigration Court, the NTA will also be served on the respondent. The NTA will inform the respondent of the alleged reasons that the respondent is removable from the United States, and the time and place of the respondent’s first court hearing. The NTA will also include important information about the nature of the immigration proceedings, the right to hire an attorney, and the consequences for failing to appear at the first court hearing.

The first hearing in Immigration Court will be known as a Master Calendar Hearing. At the hearing, a respondent who is not yet represented by counsel will have their rights explained to them by the judge. The judge will also postpone the case in order to allow the respondent time to find an attorney at their own expense. If the respondent already has an attorney, the judge will make sure that they have been advised of their rights by their attorney. The judge may also deal with certain simple matters such as asking the respondent whether they deny the charges in the NTA.

United States immigration law provides a variety of potential forms of relief from removal including (but not limited to): cancellation of removal; asylum; withholding of removal; prosecutorial discretion; adjustment of status, or voluntary departure. Once a respondent informs the judge which form of relief they will be perusing, the judge sets a deadline by which the appropriate application for relief must be filed with the Court. The judge also schedules the case for an Individual Calendar Hearing.

At the Individual Calendar Hearing, the judge will hear testimony from the respondent, along with witnesses for the respondent and the United States government. At the conclusion of the hearing, the judge will render a decision. The decision of the judge is final unless timely appealed to the Board of Immigration Appeals.

Speak to an Experienced Immigration Court Attorney Today

Hartzman Law Firm, represents clients in Immigration Courts throughout the United States. Attorney Hartzman is an experienced Immigration Court attorney who has represented clients in difficult and complex cases in Immigration Courts throughout the country. Daniel has also represented numerous clients on appeal in front of the Board of Immigration Appeals.

Daniel will work diligently to make sure that your rights are protected, and fight relentlessly to prevent you from being deported. Daniel will examine the individual facts of your case, provide you with the guidance and advice needed to make an informed decision on what form of relief from removal to peruse, prepare a well thought out and sophisticated case, and vigorously and effectively argue your case in Immigration Court. Rest assured, that Daniel will do everything he can to prevent you from being removed from the United States.

If you or someone you know is in removal proceedings, please call Hartzman law Firm at (412) 495-9849 or fill out a contact form online for a free consultation. We offer free consultations in person, by phone, and by secure video conferencing. Weekend consultations are also available by request.

Call us! We are here to help you!