What Happens During Deportation Proceedings in Florida?

Facing deportation or removal proceedings can be one of the most stressful experiences for an immigrant and their family. You may have built a life in Florida, established relationships, developed a career, or raised a family in the United States. Receiving notice that the federal government is seeking your removal can leave you wondering what will happen next and whether there is a way to remain in the country.

Deportation proceedings do not necessarily mean that removal from the United States is inevitable. Immigration court proceedings involve several stages, and depending on your circumstances, you may have options for challenging removal or requesting relief that could allow you to remain in the country.

At the Law Offices of Anny Leon PLLC, we help individuals and families in Jacksonville and throughout Florida understand their rights and navigate removal proceedings. Attorney Anny Leon carefully reviews the circumstances surrounding each case, explains the available options, and provides diligent representation throughout the immigration court process.

How Do Deportation Proceedings Begin?

Removal proceedings generally begin after the Department of Homeland Security (DHS) serves an individual with a Notice to Appear (NTA) and files it with the immigration court. The NTA contains factual allegations about the individual and identifies the legal grounds on which DHS believes that person is removable from the United States.

There are many circumstances that may lead to removal proceedings. A person may have remained in the United States after a visa expired, violated certain conditions of a visa, entered the country without authorization, or encountered immigration consequences related to a criminal matter.

Receiving an NTA should be taken seriously. The allegations and charges listed in the document can play a significant role in how the case proceeds. At the Law Offices of Anny Leon PLLC, we can review the NTA, evaluate the government's allegations, and determine what defenses or forms of relief may be appropriate based on the facts of your situation.

What Happens at the First Immigration Court Hearing?

The first stage of many removal cases is a master calendar hearing. This hearing generally addresses preliminary matters rather than deciding the entire case.

During a master calendar hearing, the immigration judge may explain the charges, advise the respondent of certain rights, address the allegations in the NTA, identify the legal and factual issues in dispute, discuss possible applications for relief, establish filing deadlines, and schedule additional proceedings when necessary.

The responses made during this stage can have significant consequences. For example, the respondent may be asked to admit or deny factual allegations and charges contained in the NTA. The respondent may also need to identify the forms of relief from removal they intend to pursue.

Having legal representation can help you understand what is being asked and how your answers may affect your case. Attorney Anny Leon can prepare you for immigration court and advocate for your interests throughout the proceedings.

Can You Defend Yourself Against Removal?

Being placed in removal proceedings does not automatically mean that you will be deported. An immigration judge must determine whether you are removable, and individuals in proceedings may be able to dispute the government's allegations or seek relief or protection from removal.

The options available depend heavily on the facts of the case. Depending on your immigration history, family relationships, circumstances in your home country, and other factors, potential avenues may include applications for asylum or other protection, cancellation of removal, adjustment of status, certain waivers, or requests related to the termination of proceedings.

No single defense applies to everyone. That is why we take the time to review each client's immigration history, NTA, family circumstances, and other relevant information before determining how to approach the case.

What Happens at an Individual Hearing?

If your case involves contested issues or an application for relief, the immigration court may schedule an individual calendar hearing, sometimes called a merits hearing.

This hearing is more detailed than the preliminary stages of a case. Both the respondent and DHS may present evidence and legal arguments. Depending on the circumstances, the respondent may testify and present witnesses and supporting documents. DHS may also present evidence and question the respondent or witnesses.

Evidence can be critical at this stage. Depending on the type of relief being requested, supporting materials could include records, affidavits, family documentation, medical information, police reports, or other evidence relevant to the case.

At the Law Offices of Anny Leon PLLC, we work with our clients to prepare for these important proceedings. We can help identify relevant evidence, prepare the case for presentation, and represent the client before the immigration court.

What Decision Can an Immigration Judge Make?

After hearing the case, an immigration judge may issue a decision at the conclusion of the hearing or provide a written decision later. The outcome will depend on the issues before the court, the evidence presented, and whether the respondent qualifies for the relief being requested.

If relief is granted, the individual may be permitted to remain in the United States under the applicable form of immigration relief. If relief is denied and the judge orders removal, that may not necessarily be the end of the legal process.

Both the respondent and DHS generally have the right to appeal an immigration judge's decision to the Board of Immigration Appeals (BIA), unless the right to appeal is waived. The immigration judge provides information regarding the applicable appeal deadline at the conclusion of the proceedings.

Because immigration appeals are subject to strict procedural requirements and deadlines, speaking with an attorney promptly after an unfavorable decision can be important.

Why Is It Important to Attend Every Immigration Court Hearing?

Missing an immigration court hearing can have serious consequences. EOIR warns that a respondent who fails to appear, or even arrives late, may have the hearing conducted in their absence and potentially receive an in absentia removal order.

It is also important to keep the immigration court informed of changes to your address or contact information so that you can receive notices concerning your case.

If you receive an NTA or another immigration court notice, carefully review it and seek legal guidance rather than ignoring it. We can help you understand upcoming hearings, important deadlines, and what steps may need to be taken before you appear in court.

Do You Have a Right to an Attorney in Deportation Proceedings?

Individuals in removal proceedings have the right to be represented by an attorney or other authorized practitioner, but unlike many criminal proceedings, the government generally does not provide an attorney at government expense. At a master calendar hearing, the immigration judge advises respondents about their right to representation and the availability of pro bono legal service providers.

Immigration law can involve complicated questions about admissibility, removability, prior immigration history, criminal records, family petitions, and eligibility for relief. Working with an immigration attorney can help you better understand the proceedings and prepare a strategy based on your particular circumstances.

At the Law Offices of Anny Leon PLLC, we understand how much may be at stake. Our goal is to ensure our clients understand the process, know their legal options, and have an advocate standing with them as their case moves forward.

Speak With a Jacksonville Deportation and Removal Defense Attorney

If you or a loved one is facing deportation proceedings in Florida, you do not have to navigate immigration court without legal guidance. The sooner you understand the allegations against you and the potential options available, the sooner you can begin preparing your case.

At the Law Offices of Anny Leon PLLC, we provide compassionate, diligent representation to individuals facing removal and other serious immigration matters. Attorney Anny Leon can review your Notice to Appear, discuss the circumstances that led to removal proceedings, evaluate potential forms of relief, and represent you throughout the immigration court process.

Call the Law Offices of Anny Leon PLLC today at 904-506-1915 to schedule a consultation and discuss your deportation or removal defense options.