What Are Removal Proceedings?

If you or a loved one are in removal proceedings, it means the federal government is trying to deport you from the United States. Deportation means the government will physically remove you from the United States. Sometimes, the proceedings can look and feel like a criminal trial, but removal proceedings are civil in nature. This means that the Immigration Judge cannot sentence you to serve a sentence in federal prison. An Immigration Judge can, however, order you to be removed from the United States after the proceedings.

Removal proceedings occur under the administration of the Department of Justice or DOJ. The leaders of the DOJ are the Attorney General of the United States, currently William Barr, and the Deputy Attorney General, who is now Jeffrey A. Rosen. The Attorney General has delegated the power over removal proceedings, but he transfers that power to sub-section of the DOJ called the Executive Office of Immigration Review or EOIR. The EOIR is responsible for conducting immigration proceedings, appellate reviews, and administrative hearings. This means the court decides immigration matters which include detained aliens, criminal aliens, and aliens seeking protection by the federal government, among other things.

If you are unhappy with a decision resulting from an immigration judge and the EOIR, you can ask another body to review the decision to determine if it was correct. This body is known as the Board of Immigration Appeals (BIA). It is the highest level of administrative review that can be found for interpreting and applying immigration laws. The BIA does not typically conduct proceedings or take arguments, but can under certain circumstances. Instead, the BIA conducts a review of the cases they decide strictly off the transcript of the original proceedings and written briefings from the parties involved.

 

At Chhabra & Gibbs, P.A. Immigration Team, we believe in educating our clients to understand what will happen and why it is happening. We have found that our clients are more at ease if they know the nature of the proceedings. This is why we strive to answer all questions associated with removal proceedings because it can be a confusing process. We want to help you or your loved one navigate this process to ensure the best outcome for you. Please contact Chhabra & Gibbs, P.A. Immigration Team by calling 601-927-8430 or 601-948-8005 or by using our live chat, so that we can review your situation and come up with the best situation for you and your family.