Ep. 35 I am detained by immigration. Can they just kick me out? How does the removal process start?

  • You can’t just be kicked out
  • In most cases, unless there is an outstanding order of removal in your file, you have the right to defend your case in immigration court
  • Notice to Appear (NTA) is issued by Homeland Security to you and the applicant. It signals the initiation of removal proceeding against you
  • Review the NTA carefully to make sure there are no mistakes. Small details are very important when fighting for your right to stay

Raw Transcript:

Introduction: You ask we answer your immigration questions, simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Hello everybody, welcome to another episode of Ask An Immigration Lawyer. This is your host Jacob Sapochnick.

Today we continue with some more questions about deportation and removal. And another question that people ask is how does the removal process start and also can I be just kick out of the country? Many people ask repeated Facebook and we have a couple of these questions where people ask can I just be picked up and kicked out of the country?

Well, in most cases, unless there is an outstanding order of removal in your file, you have the right to defend your case in immigration court. So they cannot just keep people out when they are detained.

For some type of deportability the law may provide a waiver, like a legal forgiveness that you can apply for in court. So in most cases if you are apprehended inside the US, not at the border, which is an arriving alien and most arriving aliens, unless they apply for asylum, they have very limited rights. But if you’re caught inside United States you have the right to appear in court and get extra help from an attorney, absolutely.

So how does the removal process start? Usually the removal process begins with the department of Homeland Security issuing you and the applicant a Notice to Appear, this is called Notice to Appear. And the Notice to Appear is a charging document that signals the initiation of removal proceeding against you. If you receive an NTA it means that you must appear in immigration court on the date specified or at a date to be determined in the future.

When you’re apprehended and if you’re not in custody you’ll get an NTA and it’s your responsibility to appear for that hearing. An NTA may be served on you personally or by hand or mailed to your last known address, if you have one. The NTA must also be served to the immigration court that will be responsible for conducting your removal of hearing.

It’s important to review the NTA carefully to make sure that there’s no mistakes. Sometimes there could be mistakes. Sometimes they classify somebody as enter illegally when they enter legally. Those small details are very important when fighting your NTA, when fighting for your right to stay in the country as well.

An understanding of the NTA is essential in order for you to be able to apply for any immigration relief that you may be eligible or meet any deadlines impose by the court. Sometimes the dates are incorrect.

Again, you can’t just be kicked out. Most likely you can be served with a notice to appear and you’ll have the right to fight your case once the NTA is served and your removal process is going to start at that point.

Hopefully this was helpful. If you have any more questions feel free to email us at www.askanimmigrationlawyer.com, you have the question bar there, and we’ll see you at our next episode. You ask, we answer, simple.

Closing: Thank you for listening to the Ask My Immigration Lawyer Podcast, the show that’s dedicated to answering your immigration questions – simple as that. See you next week for another round of questions and much needed answers.

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