Deportation / Removal Defense
Removal / Deportation Defense: an Overview
Removal Proceedings is the process through which the Government attempts to deport/remove people who are not citizens from the U.S. There are many reasons and events which can lead to deportation. The following individuals are constantly at risk of being deported:
- People who enter the U.S. without being inspected by an immigration officer or people who enter by using illegal documents
- People who entered the U.S. on a temporary non-immigrant visa and chose to stay in the country after their visa expires
- Green card holders (permanent residents) who commit crimes involving moral turpitude or aggravated felonies after receiving their green card
- Green card holders who leave the U.S. for long a period of time and attempt to come back to the U.S.
- People who apply for Naturalization, Asylum, or a Green Card may also be subject to deportation/removal if they have committed a certain crime(s) in the past or, in the case of Asylum, are denied the application
Deportation begins with the issuance of a Notice to Appear (NTA) in immigration court. The NTA contains a list of allegations and charges against the individual, a description of the activity that is allegedly illegal and a list of the provisions of immigration law(s) alleged to be violated, as well as the address of the immigration court and time when the individual must appear in front of an immigration judge for a Master Calendar Hearing. The NTA is similar to a charging document in the criminal context. The allegations contained in the NTA, which, if proven true, may result in the alien being found deportable.
If the individual does not attend the Master Calendar Hearing, the immigration judge may issue an order of deportation in absentia. In other words, the judge will enter an order of deportation in the absence of the individual.
At the Master Calendar Hearing, the immigration judge notifies the individual of the charges against him and allows the individual to petition the court for any available relief from deportation. Immigration relief, often at the discretion of the immigration judge, allows the individual to remain in the U.S.
There are many forms of immigration relief for which an individual may qualify:
- Cancellation of Removal for Permanent and Non Permanent Residents
- Asylum, Convention Against Torture, Withholding or Removal
- Application for Naturalization
- Adjustment of Status to Permanent Resident (requires family ties in the U.S.)
- Extreme Hardship Immigration Waivers, including Waivers for Criminal Convictions, Immigration Fraud, and Unlawful Presence
- Stay of Deportation
- Administrative termination
- TPS-Temporary Protected Status
- Motions to Re-Open and Reconsider
On many occasions, the individual is placed in an immigration detention facility prior to his or her appearance at the Master Calendar Hearing. Depending on the circumstances, the individual may be eligible for an immigration bond. At the Hearing, the immigration attorney will make arguments in support of the individual’s release from immigration detention. Release from detention does not signal the end of removal/deportation proceedings. However, release from detention does allow the individual to remain with friends and family during the remainder of the immigration court proceedings.
At the Master Calendar Hearing, the individual may also ask the immigration judge for voluntary departure, which, if granted by the judge, allows the individual to leave the U.S. without formally being departed. After leaving the U.S. voluntarily, the individual may apply for a visa abroad to re-enter the U.S. If the individual does not choose voluntary departure, the case continues in immigration court.
In most cases, the individual will have to appear in front of the judge for an Individual Hearing, which is the equivalent of a trial in criminal or civil court. At the Individual Hearing, the judge will rule on whether or not the person is in fact eligible for the relief that he or she is seeking.
In case of an adverse decision by the immigration judge, the individual has the option of timely filing motions to re-open and reconsider, or appealing the judge’s decision to the Board of Immigration Appeals (BIA). It is very important to remember that the filing of any motions or an appeal after a deportation order has been entered by a judge will not prevent ICE form deporting you. An individual must obtain a stay of execution of deportation by the immigration judge, the BIA, or a Federal Circuit Court.
Anyone who receives an NTA should immediately contact an immigration attorney. The U.S. Government does not provide any type of legal aid to people who have been placed in deportation proceedings. The attorneys at the Law Offices of Yuri Tsyganov, PL have a tremendous amount of experience defending people in immigration court. We know how the system works and may be able to come up with a strategy that will keep you or your loved ones in the U.S. If you are detained, we will visit you or your loved ones at the immigration detention facility. Do not wait before it’s too late. Time is always of the essence when it comes to deportation. Call today to schedule your Free Consultation.