When the Immigration Court is considering deporting an immigrant back to their country of origin, it usually holds what are called removal proceedings. These are administrative proceedings to determine “removability” under U.S. immigration law.
If you’re due to appear for a hearing, call our office today!
To begin with, you may have received a Notice to Appear in the mail or through a representative. This notice is a dated document served by a U.S. immigration official to a person suspected of entering the country without inspection, staying longer than specified terms, committing a certain crime, or otherwise being in the United States illegally. The notice will specify you are not a citizen of the country, you are a citizen of your country of origin, when you were admitted, and you remained longer than your term of admission. If you committed a crime, it would also be listed on the notice. The notice might state your court date, but, if not, you will be notified of the date later by mail or by another visit from the representative.
Your removal hearing, or Master Calendar Hearing (MCH), will be before an immigration judge. During this time, you will need legal representation to protect your interests in court, because the court isn’t obliged to provide one for you. Your charges will be read, after which you will be expected to answer them by pleading to the factual allegations and removability charge. You can then apply for any relief from removal, such as asylum or cancellation of removal. If you do apply for relief, the judge will set a merits hearing date. At the merits hearing, you will be able to present documentary evidence to the court for its consideration, testify on your own behalf, and call witnesses. The Department of Homeland Security (DHS) will do the same in favor of your deportation. The judge will then make a decision.
If you are denied relief by the immigration judge during your merits hearing, you can appeal the decision with the Board of Immigration Appeals (BIA) within 30 days of the date of the decision. If appealed, your removal proceedings continue at the appellate level at the BIA.
As an immigrant himself, Attorney Daniel Sibirsky knows the vulnerability and uncertainty that immigrants have to deal with during legal proceedings. This is never truer than in removal proceedings. Since becoming an attorney, he has committed himself to highly complex immigration cases—an area of the law that requires a deft hand and years of experience.
Since becoming an immigration attorney, Attorney Sibirsky has become a Florida State Bar Certified Expert in Immigration and Nationality Law—an achievement claimed by only 1 in 100 attorneys. As a result, he is the only such attorney who is legally recognized as an expert in the field. Thanks to his incredible insight and grasp of immigration law, he is unique qualified to handle your removal case.
Our past work on immigration cases and removal proceedings has earned us multiple awards and recognitions. Attorney Sibirsky has been selected to The Best Lawyers in America® every year since 2013, and our firm has recently achieved selection to The Best Law Firms in America® 2017. These awards recognize lawyers and law firms whose ethics, reputation, and case results are truly exceptional.
In addition, our ratings among peers and former clients has earned us a 10.0 rating on Avvo—a perfect score. These awards didn’t appear overnight, but have come as a result of consistently powerful and life-changing results every year that our firm has existed. Our clients have always been able to rely on our insight, expertise, and proactive approach.
Facing removal proceedings alone can be disastrous for your case. The immigration court will rely on standard legal language and procedure and will not make allowances for your lack of information on the subject. Having an experienced Miami immigration attorney arguing your case will make it go significantly smoother. Our lawyer, Daniel Sibirsky, is a Board Certified Specialist in Immigration & National Law. Trust him to know the ins and outs of removal proceedings.
Contact us at (305) 381-9797 or fill out our online form with your case details. Let us protect your rights.
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