Removal & Deportation

If you or a loved one are faced with taking on the Government in a removal or deportation proceeding, don’t go into battle unarmed.  Know your rights and surround yourself with a law firm who is willing and able to fight alongside you.  Further, you should immediately contact an attorney who understands both criminal defense and immigration law.

Removal proceedings begin with the Department of Homeland Security filing of a Notice to Appear (NTA) in Immigration Court.  A sample of an NTA can be seen here.  The Government will then have the burden of proving that the alienage of the recipient of the NTA.  [8 CFR Sec. 1240.8].

Relief from removal proceedings may be available to you, including:

(1)   Voluntary Departure

(2)   Cancellation of Removal

8 U.S.C. §1229b(a)–“Cancellation of removal for certain permanent residents.”

There are 3 requirements that must be met for the Attorney General to cancel removal.  Cancellation of Removal can occur when the alien (1) has been an alien lawfully admitted for permanent residence for not less than 5 years; (2) has resided in the United States continuously for 7 years after having been admitted in any status, and (3) has not been convicted of any aggravated felony.  Once these requirements have been satisfied, an alien may request cancellation of removal from the Attorney General.

(3)   Adjustment of Status

(4)   Asylum

(5)   Waivers of Removability or Inadmissibility

(6)   Deferred Action, and

(7)   other remedies

Many people don’t understand that those persons who are facing removal or deportation have rights, including:

1. The right to an attorney
2. The right to present evidence
3. The right to review evidence that may be presented against you
4. The right to question opposing witnesses via cross-examination
5. The right to a record of the proceedings in Immigration Court
6. The right to appeal the decision of the Judge

If you have received a Notice to Appear or have been contacted by Government authorities, time is of the essence.  Please move quickly to ensure that your rights or the rights of your loved one are protected.