Getting a person removed from the United States is a complex legal proceeding. If you are in a removal proceeding or if your loved one is currently being detained by Immigration and Customs Enforcement (ICE), you need to talk to an immigration lawyer right away. Our deportation defense lawyers in our firm have helped many clients avoid removal from the country using a number of different strategies. How the removal proceeding begins. If the ICE (Immigration Custom Enforcement, a division of Department of Homeland Security) believes that you should be removed or deported from the United States, or an individual is found "inadmissible" to the United States, the ICE will issue a piece of paper called a "Notice to Appear" or "NTA" which initiates court proceedings to determine if an individual is removable, deportable or inadmissible from the United States. Seeking a relief from the removal An Immigration Judge presides over these court proceedings which are held at US Immigration Courts across the country . These are formal court hearings and should be taken very seriously as your immigration record may be permanently affected and you can be physically deported from the United States. Only an Immigration Judge can determine if you are removable, deportable or inadmissible and whether you have relief from removal. If the Immigration Judge denies relief, you may appeal to the Board of Immigration Appeals (BIA). The BIA has jurisdiction over decisions made by Immigration Judges. We provide representation in the following areas: Various relieves from the removal:
1. Asylum .
2. Adjustment of Status through family based, employment based petition, or through Asylum or cancellation of removal.
3. Administrative Closure through Prosecutorial discretion (PD)
4. Cancellation of removal either LPR or Non-LPR.
5. Motions to Reconsider.
6. Motions to Reopen.
7. Motions to Terminate.
8. Voluntary departure.
9. Waivers.
10. Withholding of removal. Special notes on PD (prosecutorial Discretion) Our immigration lawyers have been very successful with seeking the administrative closure of the cases in the immigration court. Using the Morton Memo which expresses policy of the President Obama administration, our immigration lawyers worked with ICE and in almost every case where there is no affirmative relief for the clients, but have a lot of equities and achieved administrative disclosure. Even if there seems to be an apparent relief, it is very important to talk to an immigration attorney before you concede to voluntary departure or deportation. ICE (Immigration Custom Enforcement) sometimes exercises prosecutorial discretion for the alien who are in a removal proceeding.
Generally exercising prosecutorial discretion resulting in administrative closing of the case until a certain relief (from removal: i.e. adjustment of status, and cancellation of removal, etc) becomes available. It considers the following factors: (Positive factors)
1. Length of presence in US
2. The circumstance of personal arrival into US (illegal entry or coming in as a young child)
3. Educational background
4. Whether personal immediate relative served in the U.S. Military
5. Person’s ties and contributions to the community, including the family relationships
6. Person’s age, (more favorable toward children and the elderly
7. Person’s family (whether a person has USC spouse, parents or children)
8. Whether the person is the primary caretaker of a person with a mental/physical disability, minor, or seriously ill relatives.
9. Whether the person is pregnant or the person’s spouse is pregnant or nursing
10. Whether the person or the person’s spouse suffers from severe mental or physical illness
11. Whether the person’s nationality renders removal unlikely
12. Whether the person is likely to be granted temporary status or other relief from removal
13. Whether the person is currently cooperating or has cooperated with federal, state or local law enforcement…
Federal Court Litigation. While most immigration matters involve administrative court proceedings at the US Immigration Courts and the Board of Immigration Appeals, federal courts such as the Court of Appeals and the U.S. District Courts have jurisdiction over very significant immigration matters. In some instances, a decision by the Board of Immigration Appeals is so erroneous or constitutionally deficient that a Court of Appeals review is necessary. In other instances, ICE inaction on an immigration application or benefit violates constitutional provisions. We provide representation in the following areas:
1. Federal Circuit Court of Appeals.
2. Habeas Corpus Petitions.
3. Mandamus Actions.
Immigration litigation at the administrative or federal court level is a very serious matter. It is very important to contact an immigration attorney who specializes in immigration practices to develop a case strategy and optimal results.
