EB5 Investors Magazine Volume 7, Issue 1 - Page 67

EB5INVESTORS.COM 65 S trategies for when EB-5 I nvestors E nd U p in R emoval P roceedings The importance of burden of proof, seeking relief from removal and who has final authority to terminate lawful permanent resident status. By Fredrick W. Voigtmann A specific section of the Immigration and Nationality Act (INA) under which DHS believes removability lies. DHS bears the burden of establishing removability by clear and convincing evidence. 1 The NTA contains a list of factual allegations, usually dealing with the noncitizen’s alienage, his or her entry into the United States, and the facts under which DHS considers the noncitizen to be removable. The NTA also contains a “charge” of removability, which cites to the At the first removal hearing, called a “master calendar” hearing, the immigration judge takes pleadings from the respondent (the noncitizen) as to the factual allegations and the charge contained in the NTA. The respondent, or the respondent’s legal counsel, must either admit or deny each factual allegation, must concede or contest the charge of removability, and must inform the court which forms of relief from removal, if any, will be sought by the respondent. The immigration judge will take the pleadings and, after certain advice to the respondent, the judge will set the next hearing date, which could be another master noncitizen of the United States may be placed i nto remov a l pro ce e d i ng s by one of t he agencies within the Department of Homeland Security (DHS), including USCIS, CBP or ICE. The initiation of removal proceedings begins with the issuance of a charging document, called a notice to appear (NTA). The NTA must be served upon the noncitizen by mail or in person and must be filed by DHS with the immigration court, which is within the Executive Office of Immigration Review (EOIR), an agency under the U.S. Department of Justice.