Deportation Defense also known as Removal Defense involves representing immigrants facing deportation from the United States. For many immigrants facing removal from the United States, the process involves appearing before an Immigration Judge in immigration court. This is one of the most difficult and highly complex areas of immigration law. Often an individual's most important rights are at stake in these proceedings. Their ability to live and work in the United States is at jeopardy. Their ability to come back to this country, or for that matter, even visit this country is often called into question, often for long periods of time.
The Removal Process
An individual is placed in Removal Proceedings by issuance of a Notice to Appear. This notice will list several allegations and cite the law under which the immigrant is removable or deportable. Proceedings before the Immigration Court generally consist of a Bond Hearing, if the immigrant has been detained by Immigration and Customs Enforcement (ICE) and Removal Hearings. It is important to realize that when an immigrant is detained, the federal government can keep them for an indeterminate amount of time, even if no crimes have been committed.
At the Bond Hearing, the Immigration Judge will consider evidence and determine whether an individual should be released from custody on bond while Removal Proceedings are pending. Bond hearings are separate and distinct proceedings from the Removal Proceedings. As such, Bond Hearings are rarely recorded and hard to appeal because of the sheer time the appeal takes, during which the immigrant remains in immigration detention. It is also important to know that during Bond hearing, an Immigration Judge may, in his or her discretion, hear any and all information presented by both parties, regardless of whether such information would be allowed in Removal proceedings.
REQUEST FOR PAROLE
Although immigrants who have committed crimes may not be eligible for release on bond, they can avoid deportation and try to convince the Immiration Customs Enforcement (ICE) for release from immigration detention on what is called parole or supervised release.
An individual will have to admit or deny the allegations in the Notice to Appear, concede or deny removability charge, and inform the Immigration Judge of any relief the immigrant will be applying for to avoid being removed (deported) from the United States. Subsequently, an Immigration Judge will schedule the case for an Final Hearing also called an Individual Hearing. It is during this hearing that the immigrant's attorney will present documentary evidence and elicit testimony from the immigrant as well as the immigrant's family members and any expert witnesses to support the individual's claim for relief. The trial attorney for the Department of Homeland Security will also be given an opportunity to present documentary evidence and to cross-examine any witnesses presented by the individual's attorney. After hearing all of the testimony and considering any documentary evidence submitted, the Immigration Judge will make a determination if the individual can remain in the United States or will have to leave the country.
THE Defense in Removal Proceedings - Detained and Non-Detained
The removal process and its defense is very complex. Adequate representation by an experienced immigration attorney is a must. Every removal or deportation proceeding has two basic phases. First, the Immigration Judge determines whether or not the immigrant is deportable or inadmissible. At this stage, if applicable, an experienced attorney can present arguments against your deportability or inadmissibility.
If the judge determines that you are either deportable or inadmissible, you must apply for relief from removal. The Immigration and Nationality Act (INA) provides several forms of relief for immigrants that are facing removal (deportation).
The first and foremost basis for a deportation defense is AN EXPERIENCED ATTORNEY WITH EXCEPTIONAL COURTROOM LITIGATION SKILLS!
Some of the available reliefs from removal:
- Cancellation of Removal
- Withholding of Removal or Deportation
- Adjustment of Status
- Waivers of Deportability and Inadmissibility
- An Appeal of Previous Decisions
- Deferred Action for Childhood Arrivals - DACA
If you or a loved one is facing deportation and removal, it is critical that you contact an experienced immigration attorney immediately. The Law Office of Meri S. Ponist, P.C. has extensive experience representing thousands of immigrant clients before immigration courts, the U.S. Bureau of Citizenship and Immigration Services (USCIS), the Board of Immigration Appeals (BIA), and the U.S. Court of Appeals. Our firm litigates cases throughout the United States and if necessary, our attorneys will travel to you includes any immigrants who are currently being detained in immigration detention centers around the U.S. If you believe you are in danger of being deported or have already received a Notice to Appear in immigration court or been already ordered deported or removed by an Immigration Judge, contact the Law Office of Meri S. Ponist, P.C. today!
We represent clients in: removal defense | immigration court hearings | bond requests | parole requests | asylum | cancellation of removal | appeals | waivers | family based immigration | immigrant visas | adjustment of status/green cards | non-immigrant visas | fiancé(e) K-1 and K-3 Visas | Business Visas | Naturalization & Citizenship | work permits | green cards through guardianship
Immigration Attorney in New York City, Queens, Brooklyn, the Bronx, Westchester County and the Surrounding New York Metropolitan Area.