Deportation Court Proceedings

Deportation Court Proceedings

By Brian in Deportation | on 2023-09-21 17:38:11

Other than U.S. citizens, nearly everyone else living in the United States dreads hearing the mention of the word deportation. This is because deportation is the process by which the government tries to deport from the United States individuals who the government says are in the country illegally. While a few among those who are deportable opt to leave voluntarily or do not mind being deported, a vast majority do not want to be deported. At J. Sparks Law, we help clients in the Austin area to fend off deportation and legally remain in the United States.

What Happens in Deportation Proceedings?

When the United States Department of Homeland Security, through one of its agencies, determines that an individual cannot be admitted into the country or is here illegally, it will issue a Notice to Appear (NTA) against that individual. The issuing of this NTA formally places the individual in removal proceedings, otherwise commonly referred to as deportation proceedings. 

The NTA is filed with an Immigration Court, and the individual is given a copy of the NTA, which contains the following:

• The nature of the proceedings
• The authority under which the proceedings are being conducted.
• The conduct or acts claimed to be in violation of the law.
• The specific charge or charges against the person being charged in the NTA.
• The option to be represented by an attorney at no expense to the government.
• The severe consequences of failing to come to court as scheduled. 
• The requirement is that the person charged in the NTA immediately provide the government with a written record of an address and telephone number.

If the NTA is properly served, meaning it is mailed to the recipient’s last known address, a status hearing known as a “master calendar” will be scheduled before an immigration judge. At this hearing, the government informs the immigration judge who is being charged in the NTA, and if the person is in the courtroom, the government will serve them with a copy of the NTA if they have not done so previously.

The immigration judge will then ask the person being charged to provide some basic information about themselves, such as their name and address. The judge will then ask them to answer the factual allegations presented in the NTA. This is akin to what happens when someone is arraigned in a criminal proceeding and they must plead either guilty or not guilty to any or all of the charges.

In deportation proceedings, the person charged will either admit or deny the allegations in the NTA. Typically, the person will deny the allegations, which means the judge will schedule the case for an individual hearing. An individual hearing is like a trial in all other cases. During this individual hearing, the government will present its evidence against the person being charged in the NTA.

The person charged will have the opportunity to challenge the evidence or offer their own evidence in rebuttal. 

The judge will then decide whether to confirm the charges and order the person deported or to stop the deportation by dismissing the charges.

Immediately Consult an Austin Immigration Lawyer

If you are in the Austin area and are facing deportation, contact our team at J. Sparks Law and schedule an appointment to learn more about how we can help you.