Immigration Court - Removal Defense
Immigration Removal Defense is a “niche” practice that should only be handled by seasoned immigration attorneys as a small mistake could mean the difference between an order of deportation or getting to keep your greencard/stay in the U.S. The guidance of an immigration lawyer is particularly critical if you have been referred to immigration court. Some foreign nationals end up in immigration court after they submit an application without first obtaining the counsel of a seasoned immigration attorney and others end up in immigration court after being arrested by the authorities.
Our office has assisted many individuals who are arrested by the Department of Homeland Security and detained. Some individuals qualify for release of detention via a bond or supervised released while others do not. The assistance of an immigration attorney early on in the process from the time of arrest is key to obtaining release as soon as possible.
The U.S. Immigration law includes a list of grounds of “inadmissibility” and “deportability.” The grounds of “inadmissibility” are applied against foreign nationals who are not considered admitted to the U.S. such as those who entered illegally or those wishing to immigrate lawfully, among others. The grounds of “deportability” are commonly applied to those foreign nationals who already have a green card or other status but are at risk of losing such based on one of the listed grounds. The listed grounds include criminal as well as non-criminal grounds some of which include previous immigration violations, voting without authorization, certain medical conditions, misrepresentation, among other things.
There are several exceptions to some of the listed grounds, relief of removal and also several waivers available as a defense to a charge or inadmissibility or deportability. A waiver is an application that is filed requesting “forgiveness” for the listed ground. Also, the most common forms of relief from removal are cancellation of removal, asylum, withholding of removal or adjustment of status. In sum, the entire process is delicate and our current immigration laws are complicated. It is important to consult and obtain the assistance of a knowledgeable and seasoned immigration attorney who can determine if you are subject to any of the grounds of inadmissibility/deportability and whether you are eligible for relief from removal. Contact us before you submit any applications to make sure that you do not end up in Immigration Court.
Our attorneys may also assist you if you already have a removal or deportation order in place and would like a second opinion. Remember that the Immigration Laws in our Country constantly change over time. A person whose domestic violence asylum was denied 10 years ago could be eligible to seek re-opening of such based on new and novel case law. Also, a person ordered removed on a criminal ground could seek post-conviction relief and then be eligible to re-open their removal order. Let our attorneys review your Immigration court file and determine whether you qualify for new relief.