Being placed in removal proceedings can be frightening. For many people, the process raises immediate questions: Can I stay in the United States? Can I have a lawyer? What happens at immigration court? Do I have a chance to fight my case?
At The Pablos Law Firm, P.C., we understand how overwhelming these questions can be. Removal proceedings do not automatically mean that you will be deported immediately. There is a legal process, and individuals in that process have important rights and opportunities to defend themselves.
The specific options available to you depend on your immigration history, criminal history, family circumstances, and the reason the government is seeking your removal. That is why getting legal advice early can be so important.
If you or a loved one has received a Notice to Appear or is already facing removal proceedings, contact The Pablos Law Firm, P.C. at (915) 543-9100 to discuss your situation with an experienced deportation lawyer in El Paso.
Understanding Your Rights in Removal Proceedings
Removal proceedings take place before an immigration judge and involve the individual facing removal and the Department of Homeland Security (DHS). The immigration judge generally decides whether someone is removable and whether that person qualifies for available forms of immigration relief.
Being placed in proceedings means the government is asking the court to determine whether you should be removed. It does not necessarily mean the case is already decided. You have the opportunity to respond to the government’s allegations and, when legally eligible, seek relief that could allow you to remain in the United States.
You Have the Right to an Attorney
One of the most important rights in removal proceedings is the ability to have legal representation. You may choose an attorney or another authorized representative to assist you. However, unlike in many criminal cases, the government generally does not provide a free attorney for people facing removal.
If you cannot afford private representation, the immigration court can provide information about pro bono legal service providers that may be able to help at no cost. You also have the right to represent yourself, although immigration law can be complicated and the consequences of mistakes can be serious.
Working with a deportation lawyer can help you understand the allegations against you, identify possible defenses, prepare documents, and present your case to the immigration court.
At The Pablos Law Firm, P.C., we know that every immigration case is different. Our goal is to understand your circumstances and help you determine what legal options may be available.
You Can Challenge the Government’s Case
You have the right to know the allegations being made against you and have an opportunity to respond. During removal proceedings, respondents generally have important evidentiary rights, including the opportunity to examine and object to evidence presented against them, submit evidence in their own favor, and cross-examine government witnesses.
The government must establish the basis for removal under the applicable immigration laws. Depending on the circumstances, there may also be questions about whether the allegations are accurate or whether the person qualifies for a form of relief.
For example, a case may involve issues related to:
- The government’s allegations of removability
- A person’s immigration history
- Family relationships and hardship
- Previous criminal convictions
- Possible applications for immigration relief
The facts of your case matter. Something that affects one person’s immigration case may have a very different effect on another person’s case.
This is one reason we encourage people not to make assumptions based on a friend’s experience or something they read online. Immigration law is highly fact-specific.
You May Be Eligible for Relief
Being in removal proceedings does not necessarily mean your only option is leaving the United States. Depending on your circumstances, you may qualify for a form of immigration relief or protection from removal.
Potential options can include cancellation of removal, waivers, adjustment of status, asylum-related protection, or other forms of relief, depending on the facts and legal requirements of the individual case. The availability of these options can be affected by immigration history, criminal history, length of time in the United States, family relationships, and other factors.
Some forms of relief have very specific eligibility requirements. Others involve detailed applications and supporting evidence.
This is where careful preparation can make a meaningful difference. A deportation lawyer can review your history and help determine whether there are potential forms of relief worth pursuing.
At The Pablos Law Firm, P.C., we focus heavily on deportation defense and work with clients who are facing the possibility of removal. We can help you understand what the process means and what legal avenues may be available based on your circumstances.
You Have the Right to Appeal Certain Decisions
An unfavorable decision from an immigration judge is not necessarily the end of every case. In many situations, a party can ask the Board of Immigration Appeals (BIA) to review an immigration judge’s decision. The BIA can review certain decisions involving removability, eligibility for relief, and some bond decisions.
However, appeal deadlines are strict. Generally, a Notice of Appeal using Form EOIR-26 must be received by the BIA within 30 calendar days after the immigration judge’s oral decision or the mailing or electronic notification of a written decision. Missing the deadline can cause the immigration judge’s decision to become final.
Because appeals involve specific filing requirements and deadlines, it is important to act quickly after receiving a decision.
There may also be circumstances where a motion to reopen or reconsider is appropriate, but the correct legal strategy depends on the facts of the case.
What Should You Do If You Are Facing Removal?
The most important thing is to take the proceedings seriously and stay informed about your case. Ignoring immigration court notices or missing hearings can create additional problems.
If you have been placed in removal proceedings, consider taking these steps:
- Read every immigration court document carefully and keep copies of everything you receive.
- Attend all required hearings unless the court or your attorney tells you otherwise.
- Tell your attorney about your complete immigration and criminal history, even if you think something is unimportant.
- Gather important records, including immigration documents, court records, marriage certificates, birth certificates, and evidence involving your family or time in the United States.
- Discuss your legal options as soon as possible rather than waiting until the last minute.
It is also important to keep your contact information updated with the immigration court when required. The immigration court generally requires respondents to submit a change of address form when their address or telephone number changes.
At our firm, we believe clear communication matters. Our El Paso team works directly with clients and provides communication in both English and Spanish, helping clients better understand what is happening with their cases.
If you have questions about a Notice to Appear, an upcoming immigration hearing, detention, or a removal order, call The Pablos Law Firm, P.C. at (915) 543-9100. Early legal guidance can help you understand the road ahead.
Protect Your Rights With Experienced Immigration Representation
Facing removal can affect your family, employment, housing, and future in the United States. It is understandable to feel uncertain about what happens next, but you do have rights during the immigration court process.
The most important thing is to understand those rights and learn whether you have a legal defense or qualify for relief. Every case is different, and there is no single strategy that works for everyone.
At The Pablos Law Firm, P.C., we have served the El Paso community for more than 20 years and focus on helping individuals and families navigate complicated immigration matters. Our attorneys handle deportation defense, bond hearings, cancellation of removal, and waivers, among other immigration services.
If you or someone you love is facing removal proceedings, do not assume that there is nothing you can do. Understanding your rights is an important first step.
Call The Pablos Law Firm, P.C. at (915) 543-9100 to schedule a consultation with a deportation lawyer in El Paso.