When it comes to non-citizens, there are few matters that are more serious than receiving a Notice to Appear. Receiving this communication means the Department of Homeland Security (“DHS”) has begun the deportation process. If successful, this will result in the removal of that person from this country.
You have the right to challenge removal, but it is vital to speak with a dedicated deportation defense attorney right away. The information sent by DHS is important to your case, and the sooner you speak with a Newark Notice to Appear lawyer, the better.
Before a Newark attorney could develop a defense strategy, they will first review the Notice to Appear for important pieces of information. This document lists the grounds for removal—or the reason the government is seeking removal in the first place. The notice may contain incorrect information, which could be useful as part of the defense, so it is important for legal counsel to review this document as soon as possible.
In addition to the grounds, the Notice to Appear also contains basic biographical information like:
The final important piece of information concerns the upcoming hearing. Every notice provides the recipient with a date, time, and location for a Master Calendar hearing, which takes place before an immigration judge.
Attendance at these hearings is vital, as a failure to appear will result in an order of removal that cannot be challenged or appealed. The right legal team could help develop a defense approach for these proceedings.
Anyone receiving this notice has some time to act, but it is important to act quickly. The Master Hearing must be held at least 10 days after the notice was served. During that window of time, your top priority should be finding an attorney in Newark to handle the Notice to Appear.
There are a number of strategies available to fight deportation. Some are more common than others, and success is never guaranteed. However, the right combination of legal team and facts could lead to a favorable outcome.
Some immigrants rely on the asylum system to avoid removal. Not only can applying for asylum protection pause deportation proceedings, but it can ultimately result in an individual gaining the right to live and work in the U.S. indefinitely.
Other defense strategies might include:
Even in cases where the government has enough evidence to secure removal, there may be options. With an attorney’s help, it could be possible to ask for leniency through prosecutorial discretion. The federal government could consider the circumstances and allow a person to remain in the U.S. despite being eligible for removal.
For a non-citizen in this country, receiving a Notice to Appear can be a worst-case scenario. It can lead to being separated from your family and forced to return to a country where you might not be safe. The good news is that there are options for fighting back. Instead of attempting to resolve this issue on your own, reach out to a Newark Notice to Appear lawyer from our firm today.
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