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Removal or Deportation

  • Broadcast in Legal
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When an immigrant violates U.S. immigration laws, The DHS is the umbrella agency for sub-agencies like ICE and USCIS.  DHS, ICE, USCIS and all other sub-agencies are collectively called the “government.”The Immigration Court (IC) was set up to settle two main issues:  First, it determines an alien’s admissibility.  Second, it determines an alien’s removability/deportability (only the government is allowed to initiate removal proceedings). As an example, to initiate removal the ICE issues a Notice to Appear (NTA), which is filed with the Immigration Court (IC).  After the NTA is filed, the IC sends out a Notice of Hearing (NOH) to the Respondent (in the immigration court setting, the alien is always the respondent), Removal/deportation becomes a legal action once the Government has initiated a lawsuit against an alien.  In any legal action there are two parties:  Plaintiff/Petitioner/Movant versus Defendant/Respondent.Although respondents can represent themselves, it’s not a good idea because the government has its own lawyer to represent it before the IC.  In addition, based on the facts available, the respondent’s attorney may help them identify relief, which is what is presented to the IJ to show why the respondent might be able to stay in the U.S.The NTA contains factual allegations and the charges (what the government uses to determine if the respondent is removable/deportable).  Marcus Jarvis 763 425 5447 www.m-jlawltd.com / www.a-tbooks.com 

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