Legal Question in Immigration Law in Maryland

first removal proceeding hearing

this is the first hearing of removal prceeding for my niece he doesnt have any lawyer what cann he expect to be happen to the court and how may more months he can stay in the US?


Asked on 6/14/09, 7:45 pm

2 Answers from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: first removal proceeding hearing

If this is the first hearing, it will be a master calendar hearing. The Immigration Judge will ask your niece whether she wishes to retain an attorney if she is not represented by one at this time. If she says "Yes," the Immigration Judge will grant her time to get an attorney (about two weeks) -- he will give her a date to return to court. He will also make sure that she gets a sheet of nonprofit attorney agencies that may take her case on a pro If she returns and needs more time to get an attorney, the Immigration Judge may grant her the time, or advise her she must proceed. It is likely he or she will grant her some more time to find an attorney. I presume your niece IS NOT DETAINED by the Department of Homeland Security. She can remain in the United States during the time she is in proceedings. If she is eligible for relief from deportation, she can file for that relief with the court and the Immigration Judge will hear her application. If she has no relief available, she may be eligible to request voluntary departure to return to her country without the stigma of deportation. In order to determine what kind of case your niece has, it is imperative that she seek counsel, at least for a consultation that does not obligate her. My office handles cases in Baltimore Immigration Court, but whether you contact us or not, please try to find counsel to help you with your case. If your niece has a chance for relief, a good lawyer will find it. The best of luck to you.

Read more
Answered on 6/15/09, 4:12 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: first removal proceeding hearing

Dear Inquirer:

Your niece has a right to counsel at her own expense in removal proceedings. If she does not have an attorney as of the first hearing, the Immigration Judge should give her a brief continuance to retain counsel.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com for more information.

Read more
Answered on 6/15/09, 5:00 pm


Related Questions & Answers

More Immigration Law questions and answers in Maryland