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Notice to Appear – Stay In

Notice to Appear – Stay In

Did you receive a document in the mail called a Notice to Appear? This is how the Department of Homeland Security (DHS) starts removal proceedings by properly serving you with a Notice to Appear. A Notice to Appear has important legal consequences that cannot be ignored. Failure to timely respond to a Notice to Appear can have serious consequences to your and your family’s ability to stay or get in the U.S.

A Notice to Appear states the reasons the government wants to remove you from the U.S. It may also state when you have to appear before the Immigration Court. You will want me to handle your appearance with you at the hearing date before the Immigration Court. This is a legal proceeding that you may not fully understand. Many immigrants have agreed to suggestions from the Immigration Court or the Department of Homeland Security attorney without knowing their legal rights only later to find out that they gave up their rights. DO NOT LET THIS BE YOU!

Removal proceedings begin with a “master calendar” hearing. This initial hearing sets the course for any further hearing or for cancellation of the removal proceedings. It is critical not to admit something that could harm your case. The government has the burden to prove that you are subject to removal from the U.S. If the government is able to establish that you are removable from the United States, an “individual hearing” will be scheduled where the case is presented. This is similar to a trial where witnesses and evidence is presented.

The outcome of many removal proceedings often depends on whether you are eligible for a form of relief. To obtain such relief you have to meet certain criteria. In general, the forms of relief are:

  • Cancellation of removal
  • Adjustment of status
  • Asylum
  • Withholding of removal or deportation
  • Suspension of deportation
  • Waivers of deportability and inadmissibility
  • Voluntary departure
  • Prosecutorial discretion/administrative closure

I will defend you every step of the way to get you to stay in. Call me to begin the process.

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  • Riverside Office
    6809 Indiana Avenue
    Suite 130-B1
    Riverside, California 92506
    Phone: 951-246-2370
  • Murrieta Office
    25096 Jefferson Avenue
    Suite C
    Murrieta, California 92562
    Phone: 951-246-2370
  • Carlsbad Office
    Cornerstone Corporate Center
    1902 Wright Place, Suite 200
    Carlsbad, CA 92008
    Phone: 951-246-2370