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Removal (formerly known as ‘deportation’) is the process by which Immigration and Customs Enforcement (ICE) of the U.S. Department of Homeland Security (DHS) attempts to remove non-citizens from the United States.
What are the Basic Requirements of Removal Proceedings?
There are certain requirements to removal proceedings that serve as guarantees to the non-U.S. citizen that he or she will be treated as fairly as the process allows. The non-U.S. citizen must be given proper notice and may choose to be represented by an attorney. The non-U.S. citizen must be given the opportunity to present evidence on his or her behalf and examine the evidence against him or her. The decision to remove or not to remove the non-U.S. citizen must be based on "reasonable, substantial, and probative evidence."
Why Would a Person Be Subject to Removal?
A person may face removal proceedings for a number of reasons. Non-citizens who 1) have entered the U.S. without authorization;
2) have overstayed their visas;
3) have violated terms of their visas; or
4) have been convicted of certain crimes which may be subject to removal proceedings.
Contact our firm you or a loved one needs representation for a Removal Proceeding.
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