REMOVAL AND DEPORTATIONIMMIGRATION SERVICES
IMMIGRATION COURT – DEFENDING DEPORTATION
Facing the prospect of deportation can be one of the scariest experiences of a person’s life. If you have been served with a notice to appear before an Immigration Judge that charges you with being deportable from the United States it is important to remember that you have a constitutionally protected right to be represented by an attorney.
Ali & Bains, P.C can successfully assist non-citizens facing immigration court proceedings (deportation), appeals to the Board of Immigration Appeals, and litigation before United States federal courts on a broad range of issues, and is here to help you fight the government so that you can stay in the United States.
Our firm handles the following types of matters on a regular basis:
- Applications for Asylum, and Withholding of Removal.
- Removal Proceedings involving issues of deportability and inadmissibility, including criminal-related charges.
- Applications for relief from removal.
- Appeals to the Board of Immigration Appeals.
- Lawsuits involving eligibility and processing for citizenship and naturalization.
- Petitions for Writ of Habeas Corpus on behalf of detained non-citizens and those facing removal orders.
- Petitions for Review of Appeals to the United States Circuit Courts of Appeals.
Do not allow an immigration officer to dissuade you from seeking counsel, even if they tell you that you do not need an attorney. If you are before an Immigration Judge without an attorney tell the Judge on the record that you want the opportunity to try to find a lawyer to help you with your case. If you have been given a Notice of Hearing scheduling you for an immigration hearing if you fail or neglect to attend that hearing you will be deported in absentia (while not present), and you will be unable to appeal the Immigration Judge’s order of removal even if you have a form of relief available to you that would allow you to remain in the United States.
The Board has been given nationwide jurisdiction to hear appeals from certain decisions rendered by Immigration Judges and by DHS Bureau offices in a wide variety of proceedings in which the DHS Bureaus are one party and the other party is either an alien or a citizen.
Decisions of the BIA are binding on all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or a Federal court.
The BIA is not a Federal court, but its decisions are subject to judicial review in the Federal courts. If you wish to appeal an Order of an Immigration Judge you must file a notice of appeal within 30 days of the Judge’s decision.
Ali & Bais P.C. welcomes the opportunity to assist you with your immigration appeal.
CANCELLATION OF REMOVAL
Cancellation of removal is a relief available both to people who have Green Cards, and to those who don’t. There are a number of variables that determine whether you are eligible to receive this type of relief, and you are only entitled to it once.
For Green Card holders facing deportation require a minimum of seven years continuous residence and factors listed hereunder. Whereas, for non green card holders there are two sub categories of individuals who are entitled to apply for this relief 1) One who has lived continuously lived in the US for 10 years, has a US Citizen or permanent resident immediate relative i.e. child, wife/husband or parent who will face extreme hardship in the event of your deportation and 2) one who is married to a US citizen or permanent resident, was abused by US citizen OR permanent resident spouse and continuously lived in the US for three years.
If you are eligible for Cancellation of Removal the Immigration Judge weighs a number of factors to determine if he should allow you to remain in the United States.
These factors include:
- Whether you have family in the United States;
- The length of time you have lived in the country;
- If you deportation will cause a hardship to you and your family;
- Whether you have honorably served in the Arm Forces;
- Whether you have a history of gainful and legal employment in the United States;
- Whether you own property, or have your own business;
- Whether there is value to the community to keep you here;
- Proof that you have been genuinely rehabilitated if you have been convicted of a crime; and
- Any available evidence of your good character The Immigration Judge then looks at the negative factors which include:
- The nature and underlying circumstances relating to the reason why you are being charged with deportation;
- Additional significant violations of the Immigration Laws;
- Evidence of a criminal record; and
- Any evidence of your bad character or undesirability to stay in the United States.
It is the Immigration Judge’s job to weigh the good against the bad, and determine if you are the type of person that should be allowed to stay in the United States even though the law says that you are deportable. It is our job to put you in the best possible position to win your case, and we take our job seriously.
JUDICIAL REVIEW OF REMOVAL ORDERS
A decision of the Board of Immigration Appeals renders an order of deportation/removal administratively final. However, an alien has an opportunity to seek Federal Court judicial review of the decision by filing a “Petition for Review” to the U.S. Circuit Court of Appeals having jurisdiction over where the Immigration Court case was heard. This Petition for Review must be received by the correct Court of Appeals within 30 calendar days of the BIA decision, or the opportunity to seek judicial review of the BIA decision is lost.
In addition to filing a Petition for Review, the Circuit Court of Appeals will require a filing fee (in the Second Circuit, where we handle the majority of our judicial review matters. An alien’s deportation/removal is not automatically stayed by the filing of a Petition for Review, and a proper Motion to Stay Removal must be filed to ask the Court for a stay of removal to avoid being deported while the case is pending.
In some Circuits, it is very common for an “oral argument” to be scheduled where the attorneys for the alien and for the Government can answer questions from the Court’s assigned Judges before a decision is reached. There is also an opportunity to negotiate possible settlements of matters before a decision is made. Judicial review through a Petition for Review is usually the last chance for an order of removal/deportation to be legally examined. It requires great care of knowledable counsel.
MOTION TO REOPEN AN ORDER OF DEPORTATION
Notwithstanding some exceptions, if an individual is already ordered deported by an immigration judge, appeal and review thereof was also denied, such an individual cannot become permanent resident in the US unless and until the order of deportation is vacated by the immigration judge. For that to happen, the person must file a motion to reopen before Board of Immigration Appeals based on the following:
- Ineffective assistance of legal counsel or
- In case of a threat to the person’s life in his country of origin based on changed circumstances.
NOTE: A motion to reopen is generally filed only if and when the person has an immediately available immigration relief.