There are many reasons why individuals are placed in removal proceedings. Among the most common reasons are: remaining in the United States beyond the period authorized by the DHS, violating the terms of admission into the United States, commission of a crime involving moral turpitude or a felony, and entering the United States without having been properly inspected and admitted by an immigration officer.
Once an individual appears before the Immigration Judge, he or she is required to answer the charges contained in the NTA. The government may exercise prosecutorial discretion, and instead of prosecuting the case to the full extent of immigration law, may drop all or some of the charges leveled against an immigrant. At this point the immigrant will have to either concede the charges alleged in the NTA and request relief from removal, or deny the charges and present evidence as to why he or she is not subject to removal and should be permitted to remain in the United States.
There are various types of reliefs and/or benefits that one may apply for after having been placed in removal proceedings. The most common types of reliefs are known as: Application for Asylum and for Withholding of Removal, Application for Withholding of Removal under the U.N. Convention Against Torture, Application to Register Permanent Residence or Adjust Status, or a Cancellation of Removal. A person placed in removal proceedings may also request that the government exercises prosecutorial discretion and administratively close the removal proceedings.
Please contact our office for more information regarding removal proceedings. The process of removal proceedings can be very complex and requires guidance of an experienced immigration attorney.