Receiving a notice to appear as an immigrant is a frightening experience. Those advised that they may face deportation through an official notice have to respond carefully to protect themselves and their status in the United States.
Those with a hearing date or a notice to appear typically need the support of a lawyer familiar with immigration law and removal proceedings. Knowing what to do next and how to avoid making the situation worse can help immigrants as they navigate the legal system in an attempt to remain in the United States legally.
What happens during deportation hearings?
A notice to appear advises an immigrant of the first scheduled hearing, also known as a master calendar hearing. Much of the time, immigrants can expect that hearing to occur approximately a month after receiving the notice to appear.
In some cases, those who do not yet have legal representation can request a 10-day delay to secure legal representation. Immigrants attending a master calendar hearing enter pleas responding to the allegations against them, inform the courts of their lawyer’s identity and schedule individual hearings.
Immigrants often need to wait months after a master calendar hearing for an individual hearing. This hearing is the trial at which the courts consider their case. The attorney representing the immigrant can present evidence and call witnesses. If the hearing is successful, the immigrant can avoid deportation.
The time between the master calendar hearing and the individual hearing or merits hearing is an opportunity to gather documentation, secure paperwork from immigration authorities and consult with an attorney. Immigrants preparing for hearings should not miss deadlines or fail to attend the hearing.
They also need to avoid moving without providing formal notice of the change in their address. Additionally, they should avoid talking to any immigration authorities without an attorney present. If there are check-ins or biometric appointments scheduled, the immigrant facing a deportation hearing must ensure they attend all necessary appointments.
It is only natural to feel frightened when notified of a potential deportation, but immigrants have the right to due process and legal representation. Having assistance when responding to a notice to appear can help immigrants understand their rights and potentially avoid deportation.