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Deportation Removal Proceedings

Deportation (a process that is also called "removal") occurs when the federal government orders that a non-citizen be removed from the United States, typically after the violation of immigration or criminal laws.

Removal is a legal proceeding, and an alien who is subject to this procedure has legal rights prior to being removed from the country, including the right to challenge the removal itself on procedural or constitutional grounds.

U.S. Immigration and Customs Enforcement (ICE) has recently stepped up its efforts in Minnesota and throughout the Midwest. But workplace raids are not the only threat to the residency status of aliens in the U.S. A routine traffic stop, a denial of a visa petition, or a denied asylum application can also result in a deportation proceeding.

Malee Ketelsen has extensive experience representing clients facing deportation and removal. If you or a loved one faces the threat of deportation, she may be able to help you.

As a reputable and competent attorney, Malee can explain your rights and discuss strategies to avoid removal and apply for relief from deportation. Malee handles deportation cases at all levels of the immigration system which may include appeals to administrative and appeals courts. Malee will explore multiple bases on which to contest the removal proceeding — on procedural grounds, on factual grounds, any by examining possible forms of relief including asylum, withholding of removal, torture convention relief, cancellation of removal, temporary protected status, adjustment of status, motions to reopen or reconsider, administrative appeal, voluntary departure, VAWA, judicial appeal, or any another basis.

A removal action can cause great turmoil in your life, affecting your job, your family, and threatening everything you have worked for. Malee Ketelsen will explain your rights and advise you on all possible avenues to avoid deportation.

If you, a friend, or a loved one is currently residing in the U.S. undocumented, know your rights. Please use this link for advice from the National Immigration Project.

Information about Removal Hearings 

Courtesy U.S. Department of Justice

Removal hearings are conducted to determine whether certain aliens are subject to removal from the country. The distinction between exclusion and deportation proceedings has been eliminated, and aliens subject to removal from the United States are now all placed in removal proceedings. Thus, the removal proceeding is now generally the sole procedure for determining whether an alien is inadmissible, deportable, or eligible for relief from removal. 

The Department of Homeland Security (DHS), which absorbed the functions of the Immigration and Naturalization Service (INS), is responsible for commencing a removal proceeding. If the DHS alleges a violation of immigration laws, it has the discretion to "serve" the alien with a charging document, known as a Notice to Appear. This document orders the individual to appear before an Immigration Judge, and advises him or her of, among other things:

  • Nature of the proceedings against the individual;
  • Individual's alleged acts that violated the law;
  • Individual's right to an attorney; and
  • Consequences of failing to appear at scheduled hearings.

Removal proceedings generally require an Immigration Judge to make two findings: (1) a determination of the alien's removability from the United States, and (2) whether the alien is eligible for a form of relief from removal. 

Contact U.S. Immigration Attorney Malee Ketelsen for representation or advice with your deportation or removal case. 

 
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