An Order to Show Cause (OSC) is a legal document issued by an immigration judge or authority requiring an individual to appear in court and explain why they should not be removed from the country. This document initiates removal proceedings and outlines the charges against the individual.

An Order to Show Cause serves as the first step in formal removal proceedings. It informs the individual of the specific allegations and provides an opportunity to present a defense or seek relief from removal.

Components of an Order to Show Cause:

1. Personal Information: The OSC includes the individual’s name, nationality, and address.
2. Charges: Specific allegations of immigration law violations, such as overstaying a visa, unauthorized employment, or criminal convictions.
3. Legal Basis: References to the relevant sections of immigration law that the individual is alleged to have violated.
4. Hearing Date: The date, time, and location of the initial hearing before an immigration judge.
5. Rights and Responsibilities: Information on the individual’s rights, including the right to legal representation and the right to present evidence.

Process Following the Issuance of an OSC:

1. Service of the OSC: The document must be served to the individual, typically in person or by mail, ensuring they are aware of the proceedings.
2. Master Calendar Hearing: The initial hearing where the judge reviews the charges, and the individual can plead to the allegations and request relief from removal.
3. Merits Hearing: A detailed hearing where evidence is presented, witnesses may testify, and the judge makes a final determination regarding the individual’s removability and any potential relief.

Relief from Removal:

1. Asylum: Individuals fearing persecution in their home country may apply for asylum as a defense against removal.
2. Cancellation of Removal: Certain individuals may be eligible for cancellation of removal based on continuous presence, good moral character, and hardship to U.S. citizen or permanent resident relatives.
3. Adjustment of Status: Some individuals may apply to adjust their status to that of a lawful permanent resident if they meet the eligibility criteria.

Consequences of Non-Compliance:

1. In Absentia Removal Order: If the individual fails to appear at the hearing, the judge may issue a removal order in absentia.
2. Waiver of Rights: Non-compliance can result in the individual waiving their right to contest the charges or apply for relief.

Legal Representation:

1. Right to Counsel: Individuals have the right to be represented by an attorney at their own expense during removal proceedings.
2. Pro Bono Services: Non-profit organizations and legal aid services may provide free or low-cost legal representation for those who cannot afford an attorney.

Etymology:

The term “order” comes from the Latin “ordinare,” meaning “to arrange.” “Show cause” is a legal phrase indicating the requirement to present reasons or evidence to justify or explain an action.