Deportation and Removal
The Chander Law Firm represents individuals fighting deportation before the United States Immigration Court, Board of Immigration Appeals (BIA), and Federal Circuit Courts.
The Chander Law Firm represents individuals who have been placed into removal (deportation) proceedings. If you are detained as an immigration violator or have been placed into removal proceedings, contact The Chander Law Firm for representation today.
About Removal Proceedings
Removal proceedings constitute the mechanism by which the government attempts to force the departure of a foreign national from the United States. Removal proceedings take place in the United States Immigration Court. Immigration Court proceedings are administrative. The proceedings lack many of the requirements and safeguards of state and federal courts. Removal proceedings are overseen by an Immigration Judge.
A person may be placed into immigration proceedings following arrest for a criminal violation, upon the denial of an immigration benefit, or on any other determination that an individual is in the United States in violation of the law.
Initiation of Removal Proceedings: The Notice to Appear (NTA)
A person is placed into immigration proceedings by the service of a Notice to Appear (NTA) on that person and the filing of the NTA with the Immigration Court. A person subject to removal proceedings is called a respondent. The NTA must set forth the factual allegations and the legal charges made against the respondent.
Detention: Custody and Bond
A person in removal proceedings may also be subject to detention by immigration officials. If detained, the respondent may be released upon the issuance of a bond. If the respondent is not granted bond or wishes to contest the bond amount, the respondent may request a bond redetermination hearing before the Immigration Court.
Seeking Relief Before the Immigration Court
During a Master Calendar Hearing, the Immigration Judge will ask the respondent to confirm or deny the factual allegations and legal charges raised in the NTA. If the Immigration Court determines the factual allegations and legal charges are true, the court will find the respondent removable. The court will then ask the respondent whether he or she is entitled to any form of discretionary relief. Discretionary relief from removal includes grounds which may reduce the impact of leaving the United States to forgiving the respondent's illegal presence altogether. Grounds of relief include, but are not limited to:
Termination - Termination of immigration proceedings because the allegations and charges are not supported by evidence
Voluntary Departure - Permission to exit the United States without the consequences of being found removed or deported
Adjustment of Status - Application to adjust status to that of lawful permanent resident assuming the respondent is eligible and a visa is immediately available
Cancellation of Removal - Cancellation of removal for certain lawful permanent residents and other aliens who have resided in the United States for the required period (See INA 240A and former INA 212(c))
Asylum and Withholding of Removal - Grant of asylum or withholding of removal for those with a fear of persecution
At the individual hearing or merits hearing, the Immigration Court hears evidence for and against the granting of discretionary relief. The Immigration Court then has authority to grant or deny relief.
Appeal to the Board of Immigration Appeals (BIA)
Adverse decisions by an Immigration Court may be appealed to the Board of Immigration Appeals (BIA). The BIA has the authority to review certain discretionary decisions and the application of law by the Immigration Court. The BIA may then affirm or reverse and remand the Immigration Court's decision.
Appeal to the United States Court of Appeals
Adverse decisions by the BIA may be appealed to the United States Circuit Court of Appeals with jurisdiction over the case. The Court of Appeals has authority to review findings of law made by the Immigration Court or BIA. An adverse finding by the Court of Appeals may be appealed to the United States Supreme Court.
Importance of Hiring a Lawyer
If you or another has been detained by Immigration and Customs Enforcement (ICE) or are subject to immigration removal proceedings, contact The Chander Law Firm to consult regarding the case. Contact The Chander Law Firm now to schedule your consultation.