What Is Removal Defense?

Being placed in “removal proceedings” means that you are currently being considered to be removed from the United States. If you are seeing an immigration judge, then you are in removal proceedings. Individuals can be placed in “removal proceedings” for various reasons. Here are the most common ways individuals find themselves in removal proceedings:

  • Individual attempts to enter the United States without being admitted or paroled (illegally) and is detained by the Customs and Border Protection Agency (CBP).

  • Individual enters the United States without being admitted or paroled. Once in the United States that individual is detained by the Immigration and Customs Enforcement Agency (ICE).

  • Individual enters the United States without being admitted or paroled. Once in the United States that individual commits a crime for which he is arrested. The arresting law enforcement agency then notifies ICE, who detains the individual after he is released from the custody of the law enforcement agency.

What is the Purpose of Removal Defense?

The purpose of removal defense is to keep individuals in the United States and prevent them from being removed from the United States. There are various ways in which this can be achieved. In essence, the goal is to prove to an immigration judge or immigration official that you are eligible to remain in the United States and adjust status to that of lawful permanent resident of the United States.

What Happens After CBP Detains Me?

CBP is primarily responsible for detaining individuals who are attempting to enter the United States without being admitted or paroled and detaining individuals who have recently entered the United States without being admitted or paroled. In other words, CBP is primarily responsible for detaining individuals that are attempting to enter and those who have recently entered the United States.

CBP can place individuals in normal removal proceedings or expedited removal proceedings. Individuals placed in regular removal proceedings will see an immigration judge who will determine if they are to be released on bond. If an individual is released on bond, they will be referred to an immigration judge located in the state they will be residing in. It is very important to always tell the court where you are residing and it is extremely important that you attend all of your court hearings.

Expedited removal proceedings means that individuals will be given a short amount of time to prove they are eligible to remain and adjust status in the United States. Sometimes individuals placed in expedited removal proceedings will not be released on bond. It is important to act fast when an individual is placed in expedited removal proceedings because they can be removed from the United States in a very short amount of time.

What Happens After ICE Detains Me?

ICE is primarily responsible for detaining individuals who have entered the United States without being admitted or paroled and have resided in the United States for some time after their entry. In other words, ICE is responsible for detaining individuals who have not recently entered the United States.

Individuals detained by ICE will be held in one of the various ICE Detention facilities located in Maryland. However, sometimes individuals are moved to ICE detention facilities located outside of Maryland.

Act Fast

It is very important to act fast if you or a family member is detained by the immigration authorities because removal from the United States can occur within a short amount of time. The process is very complex and technical and it is highly recommended that you seek the assistance of an immigration attorney.