WHEN DO REMOVAL PROCEEDINGS BEGIN?
Removal proceedings begin when the Department of Homeland Security files a Notice to Appear, Form I-862, with the Immigration Court after it is served on the alien. The Notice to Appear, or NTA, is a written notice to the alien which includes the following information:
The nature of the proceedings
The legal authority under which the proceedings are conducted
The acts or conduct alleged to be in violation of the law and
The charge(s) against the alien and the statutory provision(s) alleged to have been violated
WHO CAN REQUEST A BOND HEARING?
If you or a loved one are in criminal custody and you are not a US Citizen, chances are you have an immigration hold on you. You must contact an experienced immigration attorney immediately to evaluate your case and determine your immigration relief.
Once retained, our office will expeditiously request your bond hearing. In most cases we are able to have you released immediately once you are transferred to immigration custody. In cases where the officer does not agree to an immediate release, we file the bond motion and vigorously fight for your case.
Not all immigrants are eligible for bond, depending on your criminal record you might be subject to Mandatory Detention. If you are not eligible for bond, you will have to fight your case from inside immigration detention.
WHO ARE THE PARTIES INVOLVED IN REMOVAL PROCEEDINGS?
DHS Attorney and
The Honorable Immigration Judge
The alien who receives the NTA is referred to as the Respondent. He or she has a right to be represented by counsel at his or her own expense. The Department of Homeland Security, which is referred to as DHS, will have one of their attorneys present who will be referred to as the DHS attorney. Removal proceedings are conducted in formal courtroom settings before an Immigration Judge.