A Lawyer's Role is Preventing Removal or Deportation
- Identify Relief from Deportation at Master Hearing.
- Obtain Bond for Release of ICE Detention.
- File Family Petition to apply for lawful status.
- File proof of 10 years presence in US and evidence of marriage and or USC children.
- Terminate deportation prior to trial in event one is eligible for I 601 A waiver.
- At trial prove exceptional and extremely unusual hardship to USC or LPR family members and if successful court grants Cancellation of Removal.
Obtaining Bond for Release
- a) Lawful admission or a pending application to obtain lawful admission.
b) Proof of relief from removal by way of asylum, cancellation of removal or adjustment of status.
- Demonstrating a release poses no danger to others Proof that relief from removable is probable to show one will attend future hearings.
- Not subject to Mandatory Detention for an arrest of conviction.
A non-citizen can enter removal proceedings for a number of reasons, Relief from Removal is available in these proceedings, and an experienced immigration lawyer can help you understand which forms of relief are available to you and which are your strongest options. Here is a brief overview of some common forms of relief:- Adjustment of Status - Some non-resident aliens can adjust status to lawful permanent residence through an immediate relative who is a U.S. citizen.- Cancellation of Removal - Non-resident aliens and lawful permanent residents who are subject to removal (deportation) can attempt to cancel their deportation and secure a Green Card.
Criminal Convictions / Cancellation of Removal
DHS is now giving priority to criminal aliens and lawful permanent residents and issuing Notices to Appear (NTA) before an Immigration Judge to conduct a hearing to determine if respondent has committed a crime warranting removal from the U.S.
There are a number of challenges which must be over come to prevail in Immigration Courts:
- Is Respondent eligible for Bond (see this site regarding bond application)?
- If Respondent is undocumented does he or she have qualifying relatives (spouse, parents, children) who would suffer exceptional and extremely unusual hardship were respondent deported from the U.S.?
- Does the criminal conviction preclude one from requesting cancellation of removal?
- If Respondent is a Lawful Permanent Resident does the commission of the crime occur at least 5 years after obtaining permanent residence?
- Is the crime committed by the LPR an aggravated felony or particularly serious crime precluding applying for cancellation of removal?
- If allowed to pursue cancellation of removal, can respondent prove the equities in his or her case (good moral character, hardship if removed) outweigh the seriousness of the crime?
Appeals to the Board of Immigration - Appeals (BIA) Many decisions by USCIS field office or by an Immigration Judge can be appealed to the Board of Immigration Appeals for further review.
Appeals to the Ninth Circuit Court of Appeals - Decisions by the Board of Immigration Appeals, District Courts, or other bodies of review can be appealed to the Circuit Court level if an immigrant’s rights have been violated.