Understanding the Removal Process: Insights from Robert J. Amar, PC (Full Transcript)

Speaker 1: I'm Robert Amar from the law office of Robert J. Amar, PC. I'm going to talk to you a little bit today about the removal process or deportation. You've probably heard on the news or the radio that hundreds of thousands of people, if not millions are in removal proceedings or are in deportation court and are waiting to see a judge. You may be wondering what is that all about and how does that happen and what should I do if I find myself in removal proceedings? People end up in removal proceedings under a couple of circumstances. One they've been arrested. They have been convicted of a crime in the United States and they're in jail in the United States and immigration or ICE determines what they were convicted of rises to a level that makes them deportable. Another reason people are placed in the removal proceedings is because somehow or another they come into contact with ICE, the Immigration and Customs Enforcement. That could be through a situation where they were arrested and the crime for which they were charged was dismissed. In the meantime, ICE found out about the fact that they are undocumented or have overstayed a visa and they placed them in removal proceedings. Another one that comes up occasionally is like somebody who has applied for an immigration benefit is denied that benefit. So it could be a marriage petition or some other type of petition where there's a denial. The person as a result of that is placed into removal proceedings. So how does that happen? Like being placed in the removal proceedings? Well, you're given a document essentially called a Notice to Appear, gives you basic biographical information, says that you were either an overstay or you entered without inspection or you were convicted of a certain crime and that as a result you are removable under a particular section of the US law. So that's how it happens. You literally are given a document and that document is supposed to tell you the time and the place where your hearing will be heard. When a person receives that, it's really important that they go to the hearing because if they don't, there's a high likelihood that a judge will sign an order or order the person removed in absentia. Basically, if you fail to show up at your hearing, the judge will just write an order that says you're to be removable in absentia and you will have a removal order. For everybody has due process in this situation, you're not guaranteed a lawyer like you are in criminal court, but you can have a lawyer. There is relief to being placed in removal, like sometimes the government will try to remove a person, but the person has some reason or relief that makes them eligible to stay and make the removal proceedings kind of go away or end. Immigration courts is no place to really hire an agency that doesn't have lawyers on staff that really know immigration law because what it can lead to is pretty severe. If you get placed in that situation, like I said, you need to contact an experienced immigration lawyer who has a background and experience in removal proceedings. If you want further information about this, you can call us at 212-939-7548 or you can email me at info, I-N-F-O, at robertmarlaw.com. Thank you.