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Removal Proceedings

Removal proceedings is the term that refers to what used to be called exclusion proceedings and deportation proceedings. Removal proceedings are legal proceedings in which US Immigration and Customs Enforcement (ICE) tries to remove an alien from the United States on the basis that he or she is removable for one or more charges of removability. Removal Proceedings are conducted before an Immigration Judge of the United States Department of Justice Executive Office for Immigration Review (EOIR). These are adversarial hearings and are more formal than interviews which are conducted before USCIS. The alien charged with being removable has the right to legal representation at no expense to the government. The government will be represented by an ICE trial attorney.

The charging document in removal proceedings is called a Notice to Appear (NTA). If you have been served with a Notice to Appear, it is very important that you consult an attorney immediately. Additionally there are severe consequences for failure to appear at a hearing in removal proceedings. If you fail to appear for your hearing, the immigration judge will enter an order of removal in your absence (in absentia removal order).

Being placed in removal proceedings can be a very intimidating experience. James E. Pittman is experienced in representing respondents in removal proceedings and appears at the Immigration Courts in Philadelphia, New York City, Newark (NJ), York (PA), and Baltimore (MD). Call or e-mail the Law Office to schedule a consultation.