What is a Removal Hearing In Oklahoma, And Can I Win It

A removal hearing in immigration law refers to a court proceeding where an immigration judge decides whether an individual should be removed (deported) from the U.S. or allowed to stay. This hearing is part of a removal proceeding, which happens when the U.S. government believes you are in the country unlawfully or have violated immigration laws (such as overstaying a visa or entering illegally).

Key Aspects of a Removal Hearing in Oklahoma:

1. Immigration Court: The hearing is typically held in an immigration court, not a regular criminal court in Oklahoma. The judge, U.S. government prosecutor (the Immigration and Customs Enforcement or ICE attorney), and your lawyer (if you have one) are all present.
2. The Charges: The government will present evidence that you should be removed from the U.S., usually because you’ve violated immigration laws (e.g., overstayed your visa, entered illegally, or committed a crime).
3. Defenses: You or your Oklahoma immigration attorney will have the opportunity to argue why you should not be removed. There are several possible defenses, including:
   • Asylum: If you fear returning to your home country due to persecution based on race, religion, nationality, or political opinion, you may apply for asylum.
   • Cancellation of Removal: If you’ve been in the U.S. for a long period, have a U.S. citizen or permanent resident family member, and meet certain other criteria, you might, but not often, be eligible to cancel the removal.
   • Adjustment of Status: If you’re eligible to become a lawful permanent resident (green card holder), you might be able to adjust your status during the proceedings.
   • Voluntary Departure: Sometimes, you can ask for “voluntary departure,” where you agree to leave the U.S. at your own expense, which may be less damaging than a formal removal order.
4. The Decision: After hearing the evidence and arguments, the immigration judge will make a ruling. If the judge decides in your favor, you may be allowed to stay in the U.S. If not, you may be ordered removed, but you can usually appeal the decision.

Can You Win the Hearing in Immigration Court?

Yes, you can win a removal hearing, but it depends on your individual circumstances, such as:

• Eligibility for Relief: If you qualify for any forms of relief from removal, such as asylum, cancellation of removal, or adjustment of status, you have a better chance.
• Strength of Evidence: The evidence you present, including documents and testimony, plays a significant role.
• Legal Representation: Having an experienced immigration attorney can greatly improve your chances. They can help you understand your options, prepare your case, and represent you effectively in court.

Factors That Affect Your Chances:

• Your Immigration History: A clean record (no criminal offenses or immigration violations) improves your chances.
• Family Ties: Strong ties to the U.S., such as U.S. citizen or permanent resident family members, could work in your favor, especially in cases like cancellation of removal.
• Country Conditions: In asylum cases, evidence that your home country is dangerous or that you face persecution there can strengthen your claim.
• Judge and Court: Some immigration courts or judges may be more lenient or have different interpretations of the law, so location and the specific judge matter.

Tulsa Immigration and Removal Attorneys Near You:

Ultimately, while there is no guarantee, winning a removal hearing in the USCS immigration court is possible but can be difficult. if you have a solid case, present credible evidence, and have proper legal representation, your chances will increase depending on your circumstances. To schedule a complimentary consultation with a removal and immigration attorney at Kania Law Office, please call 918.743.2233. Or you can follow this link to ask a free online legal question.