Deportation/Removal Defense

Whether in Removal Proceedings with an Immigration Judge or detained with Immigration Customs Enforcement (ICE), the process is intimidating.  Understanding these processes is the first step in deciding which course of action to take.

Typically, when Removal Proceedings are initiated, the client is served a Notice to Appear (NTA). This NTA is the “charging document” for the Immigration proceeding. Think of it like a “ticket.”   The NTA states the person’s basic biographical information and Alien Number. The Alien Number is very important, as it is the way that the Immigration Court, the Department of Homeland Security (DHS), and ICE track the person’s case. The NTA also states the facts on which ICE / DHS is basing their charges, the statute number, and the alleged charges themselves.

Typically, if a person is in Removal Proceedings, he will have the opportunity to present himself to an Immigration Judge and the DHS. The person may get only one chance to argue his case and be allowed to legally remain in the United States.

If you are subject to Removal, it is very important that you hire a lawyer prior to first appearance so that your attorney has an opportunity to gather all relevant information for your defense.  Lawyers are not provided in immigration court, and immigration cases are highly technical.  A licensed Immigration Lawyer can help you obtain the best result. 

When a person is in ICE custody for Removal Proceedings, he or she can request a Bond Hearing or Bond Redetermination. If the person is statutorily eligible for a bond, the Immigration Judge has discretion over the bond amount. When determining bond, the Immigration Judge reviews such factors as the  detainee’s risk to society and risk of flight.  If a bond is granted and posted, then the person is released from ICE custody and informed of a future Immigration Court date.  Immigration Court scheduling information can be obtained by calling 1-800-898-7180 and inputting the relevant Alien Number. 

Cases in which the person is in ICE custody tend to move faster than out of custody cases.

A person in Immigration Removal Proceedings will usually have an Individual Hearing, which is the Immigration trial. At the Individual Hearing the Immigration Judge listen to testimony, question witnesses, and hear arguments from you and the DHS. A lawyer will help you argue your basis of relief from Removal and help protect your rights. Some possible forms of relief are:

42a Cancellation of Removal for Certain Permanent Residents

42b Cancelation of Removal for Certain Nonpermanent Residents

I-589- Asylum, Convention Against Torture, and Withholding of Removal

I-601 Waiver- forgiving a ground of inadmissibility or deportability; Adjustment of Status while in Removal Proceedings

Voluntary Departure
After a trial, the Immigration Judge will determine if the application for relief is Granted, Denied, or if the case will be Administratively Closed. If your application for relief is denied, a lawyer can help you appeal this decision to the Board of Immigration Appeals.

While the above is a simplified version of the Removal Proceedings Process, remember that every case is different.  Call to schedule a consultation and explore the options available to you.

Family Visas & Lawful Permanent Resident (Green Card)
U.S. Citizens or Lawful Permanent Residents may file with United States Citizenship and Immigration Services (USCIS) for an eligible family member. Depending on the circumstances, a person who is the eligible beneficiary of a family-based visa may apply simultaneously for Lawful Permanent Residence (Green Card) and for other benefits as well.  (Employment Authorization, Travel Documents, etc.) Keep in mind that if the Applications being sought are for a spouse, the marriage must be made in good faith, and not for the purpose of procuring an immigration benefit.

Some other areas of Practiced Immigration Law
Naturalization (Citizenship), Business Investor Visas, Domestic Violence Visas (VAWA), U-Visa, Asylum (Asylum, Convention Against Torture, and Withholding of Removal), and other.