How Can I Prevent Removal from the U.S. During My Hearing?

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The United States government may accuse you of violating an immigration law, committing an act, or otherwise exhibiting a behavior that makes you ineligible to remain in the country. With this, they may order trial hearings and fight for your removal. This is a case that you most definitely do not want to lose. So please, follow along to find out how to prevent removal from the U.S. during your hearings and how a proficient Baltimore County, Maryland deportation defense lawyer at Sheri Hoidra Law Office, LLC can fight on your behalf.

Is it possible to get a removal order during my master calendar hearing?

First of all, the United States Department of Homeland Security (DHS) may issue and file a Notice to Appear to your removal proceedings. The bottom of this notice may disclose the date and time of your first master calendar hearing. Essentially, at this hearing, an immigration judge may set a schedule for your case. Also here, a judge may ask for your name and address; whether you want a legal representative during your proceedings; whether you want a translator during your proceedings; and more.

Most importantly, a judge may ask you to admit or deny the charges the United States government placed against you, as expressed in the Notice to Appear. And if you admit to most or all of these charges, a judge may find it appropriate to order your removal from the country at this time. Otherwise, a judge may set another date and send a written notice for your initial hearing.

In what ways can I prevent removal from the U.S. during my initial hearing?

In simple terms, your initial hearing is similar to a trial. Meaning that your defense team and the plaintiff (i.e., the United States government) will take turns making opening statements, examining witnesses, presenting evidence, etc. But also at this time, you may seek different forms of relief to prevent your removal altogether, or at least temporarily. Examples of initiatives you may be able to take are as follows:

  • You may file a stay of removal to temporarily pause your removal for a legitimate reason.
  • You may file a cancellation of removal to stay in the United States as a lawful permanent resident (LPR).
  • You may file a withholding of removal if you will face persecution when sent back to your home country.
  • You may apply for asylum if you have a valid fear of persecution if you are sent back to your home country.
  • You may apply for an adjustment of status to become an LPR or green card holder without going back to your home country.
  • You may file a motion to reopen your case if the immigration judge orders an outcome unfavorable to you (i.e., immediate removal).

If you still have doubts about proceeding, please consult a talented Baltimore County, Maryland immigration lawyer. Our team at Sheri Hoidra Law Office, LLC will point you in the right direction.