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Grounds for Deportation and Deportation Relief in Deportation Hearings

Grounds for Deportation and Deportation Relief in Deportation Hearings.

For a myriad of reasons, people find themselves in deportation or removal or deportation proceedings. In these proceedings, Immigration tries to deport you from the United States. However, some ICE Trial Attorneys might be sympathic and try to work with your immigration attorney to resolve the matter.

There are many ways of winning a deportation or removal case. Many factors depend upon how long you have been here in the United States, your family relationships, or whether you have a past criminal history.  It is crucially important that you get legal representation as soon as possible to avoid adverse consequences of saying something in Immigration Court that will damage the outcome of the case. Unfortnately, there are people with minor crimes who are being deported because they do not have funds to hire an immigration attorney. If they can find or hire a qualified immigration lawyer or find one pro bono, they may have a chance of staying in the U.S.

Judicial Review

 
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 included restrictions on federal judicial review of deportation, exclusion and removal cases. Former INA § 106, passed in 1961 by the United States Congress, had provided the basis for judicial review of immigration matters until its elimination by IIRIRA which replaced it with INA § 242, [8 U.S.C.A. § 1252].
After the passage of IIRIRA, different procedures were created for judicial review of removal orders, including exclusion or deportation orders, and for immigration decisions generally. Decisions regarding judicial review of removal orders are now subject to INA § 242 [8 U.S.C.A. § 1252]. Review of immigration decisions outside of removal proceedings are governed by 28 U.S.C.A. § 1331 and the provisions of the Administrative Procedures Act and occur in the District Courts.
Judicial review of immigration decisions can be divided into three categories depending on the date of commencement of proceedings or issuance of a final order. If a person had a final order of deportation or exclusion entered before October 30, 1996, judicial review was governed by former INA § 106. Deportation or exclusion cases which were commenced on or before October 30, 1996—but where no final deportation or exclusion order had yet been issued—are subject to the transition rules under IIRIRA. Judicial review of post-IIRIRA removal proceedings initiated on or after April 1, 1997 are governed by INA § 242 [8 U.S.C.A. § 1252] which provide limited judicial review of many immigration matters.Except as provided in INA § 242(b) [8 U.S.C.A. § 1252(b)] (requirements for review of removal orders), judicial review of a final order of removal is governed by Chapter 158 of Title 28 of the United States Code, except that courts may not order taking of additional evidence under 28 U.S.C.A. § 2347(c). However, there are matters not subject to judicial review as outlined in INA § 242(a)(2) [8 U.S.C.A. § 1252(a)(2)]. Generally, judicial review of an order of removal lies with the circuit courts of appeals.
Under several provisions contained in IIRIRA, the United States Congress sought to simplify and expedite the removal of aliens, including either eliminating or severely limiting judicial review of immigration decisions as follows: 

(1) elimination or limitation of judicial review under INA § 242 [8 U.S.C.A. § 1252]: this provision contains a variety of court stripping or limiting provisions;
(2) elimination of review regarding discretionary decisions relating to detention, or release, including the grant, revocation or denial of bond or parole;
(3) elimination of review of decisions of the Attorney General or his or her successor regarding voluntary departure;
(4) elimination of challenges against the United States or its agencies or officers under INA § 279 [8 U.S.C.A. § 1329];
(5) restriction on judicial review of certain legalization claims other than in the context of review of a final order of deportation or removal unless the person filed within the original deadline or was refused (“front-desked”) by the legacy INS at the time and
(6) restriction on review of the denial of the right to seek asylum because the applicant; 

(a) could seek protection in a safe third country;
(b) was previously denied asylum;
(c) did not file the application within one year of entry; or
(d) is deemed to be a terrorist.
Despite the restrictions created by IIRIRA precluding judicial review of a broad range of immigration related matters, federal courts still retain jurisdiction to review jurisdictional facts and determine the proper scope, if any, of its own jurisdiction.
Generally, petitioners must exhaust all administrative remedies prior to requesting review of a final order. Additionally, petitioners must comply with general Article III requirements relating to subject matter jurisdiction, standing, ripeness, mootness and the political question doctrine. These and the other bars to judicial review noted above must be addressed prior to reaching the merits of a case

What are Grounds of Deportation?

Aliens are subject to removal from the United States for the following grounds of deportation:

Status violations: Persons who violate their immigration status in the United States may be subject to removal. Persons inadmissible at the time of entry are subject to removal under INA § 237(a)(1)(A) [8 U.S.C.A. § 1227(a)(1)(A)], which incorporates all of the grounds of inadmissibility. Additionally, persons in the United States in violation of the Immigration and Nationality Act or any other law of the United States are subject to removal INA § 237(a)(1)(B) [8 U.S.C.A. § 1227(a)(1)(B)]. For example, persons who remain in the United States longer than authorized and persons who enter the United States without inspection are within this group. Persons who fail to maintain non-immigrant status have violated their immigration status and are subject to removal. INA § 237(a)(1)(C) [8 U.S.C.A. § 1227(a)(1)(C)]. Under this provision, failure to maintain non-immigrant status and failure to comply with the terms, conditions and controls imposed under INA § 212(g) [8 U.S.C.A. § 1182(g)], concerning waivers for persons with communicable or physical or mental disorders, constitute deportable offenses. Aliens whose conditional permanent residence has been terminated are subject to removal as status violators. INA § 237(a)(1)(D) [8 U.S.C.A. § 1227(a)(1)(D)]. Aliens who have encouraged, assisted, abetted or aided illegal immigration at the time of any entry or within five years of any entry are subject to removal. INA § 237(a)(1)(E) [8 U.S.C.A. § 1227(a)(1)(E)].Finally, aliens who enter into fraudulent marriages for the purpose of obtaining immigration benefits are subject to removal. INA § 237(a)(1)(G) [8 U.S.C.A. § 1227(a)(1)(G)].
Public charge: If a person has within five years of entering the United States become a public charge resulting from causes not arising after entry, he or she will be subject to deportation under the public charge ground. INA § 237(a)(5) [8 U.S.C.A. § 1227(a)(5)].
Security and related grounds: Under INA § 237(a)(4) [8 U.S.C.A. § 1227(a)(4)], an alien is deportable who has engaged, is engaged, or at any time after entry has engaged in any activity to violate any law of the United States relating to espionage, sabotage, or laws prohibiting export of goods, technology, or sensitive information from the United States, any other criminal activity which endangers public safety or national security or any activity the purpose of which is to oppose, control, or overthrow by force, violence, or other unlawful means, the U.S. government. Under INA § 237(a)(4)(B) [8 U.S.C.A. § 1227(a)(4)(B)], an alien who has engaged, is engaging, or at any time after entry has engaged in any terrorist activity as defined in INA § 212(a)(3)(B)(iv) [8 U.S.C.A. § 1227(a)(3)(B)(iv)] is deportable. Under INA § 237(a)(4)(C) [8 U.S.C.A. § 1227(a)(4)(C)], an alien is deportable if the Secretary of State has reasonable grounds to believe that the presence or activities in the United States of such alien may have serious adverse foreign policy consequences. Finally, under INA § 237(a)(4)(D) [8 U.S.C.A. § 1227(a)(4)(D)], Nazi war criminals and persons who have engaged in conduct defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide.
Failure to register and falsification of documents: Aliens in the United States are required to report any change in address to the U.S. Citizenship and Immigration Services (USCIS). INA § 265 []. Failure to register a change of address is a deportable offense unless the alien can show that such failure was reasonably excusable or not wilful. INA § 237(a)(3)(A) [8 U.S.C.A. § 1227(a)(3)(A)]. An alien is deportable if he or she is convicted for a violation of INA § 266(c) [8 U.S.C.A. § 1306(c)] (fraudulent statements) or Section 36(c) of the Alien Registration Act; for a violation of the Foreign Agents Registration Act; or, for a violation of 18 U.S.C.A. § 1546 (relating to fraud and misuse of visas) regardless of sentence imposed. An alien with a final administrative order for a violation of INA § 274C (document fraud) is subject to removal. INA § 237(a)(3)(C)(i) [8 U.S.C.A. § 1227(a)(3)(C)(i)]. Finally, a person who falsely represents or who has falsely represented himself or herself to be a United States citizen to obtain benefits under the Immigration & Nationality Act, federal or state law is deportable8 U.S.C.A. § 1305. INA § 237(a)(3)(D) [8 U.S.C.A. § 1227(a)(3)(D)].
Unlawful voting: Under INA § 237(a)(6) [8 U.S.C.A. § 1227(a)(6)], any person who has voted in violation of any federal, state or local provision, statute, ordinance or regulation is subject to removal. A conviction is not required.
Criminal grounds: Aliens who are convicted of or admit to the commission of certain crimes, including multiple criminal convictions, crimes of moral turpitude, aggravated felonies, high speed flight, drug related offenses, firearms violations, and domestic violence, stalking and protective order violations, are subject to removal. INA § 237(a)(2) [8 U.S.C.A. § 1227(a)(2)].

How to Apply for Asylum?

To be eligible for asylum in the United States, you must ask for asylum at a port-of-entry (airport, seaport or border crossing), or file an application within one year of your arrival in the United States. You may ask later than one year if conditions in your country have changed or if your personal circumstances have changed within the past year prior to your asking for asylum, and those changes of circumstances affected your eligibility for asylum. You may also be excused from the one year deadline if extraordinary circumstance prevented you from filing within the one year period after your arrival, so long as you apply within a reasonable time given those circumstances. You may apply for asylum regardless of your immigration status, meaning that you may apply even if you are illegally in the United States.

In addition, you must qualify for asylum under the definition of “refugee.” Your eligibility will be based on information you provide on your application and during an interview with an Asylum Officer or Immigration Judge. If you have been placed in removal (deportation) proceedings in Immigration Court, an Immigration Judge will hear and decide your case. If you have not been placed in removal proceedings and apply with the BCIS , an Asylum Officer will interview you and decide whether you are eligible for asylum. Asylum Officers will grant asylum, deny asylum or refer the case to an Immigration Judge for a final decision. If an Asylum Officer finds that you are not eligible for asylum and you are in the United States illegally, the Asylum Officer will place you in removal proceedings and refer your application to an Immigration Judge for a final decision. Immigration Judges also decide on removal if an applicant is found ineligible for asylum and is illegally in the United States. If you are in valid immigrant or nonimmigrant status and the Asylum Officer finds that you are not eligible for asylum, the Asylum Officer will send you a notice explaining that the BCIS intends to deny your request for asylum. You will be given an opportunity to respond to that notice before a decision is made on your application.


There are numerous immigration laws that could result in the denial of this visa if not properly prepared.  If the petition is put together correctly and professionally by a qualified immigration law firm, the chances of approval is greatly increased.

Legal Guide on Cancellation of Removal

Determine if you are a Resident or a Non-Resident

1

There are different standards of proof for Cancellation depending on whether you are a resident or nonresident. If you are a resident, you must only show 7 years of physical presence, not 10 years.
2
Get docmentation for the all the years of physical presence needed

Whether it is 7 years or 10 years, you should obtain all the necessary documentation for proving you were here during those years. That would include tax statements, rental receipts, receipts of any kind, mortgage bills, insurance statements, etc.
3
Get documents showing Good Moral Character

Having good moral character is an element of the Cancellation of Removal for Non-permanent residents. You should get letters of recommendation from friends, family, employment and religious organizations.
4
Submit your criminal background check

You should order and attach as a copy your criminal background check to show what crimes if any you have committed.
5
Put the petition together

Now, put the entire petition together with a cover letter and organize it to put you in the best possible light.

New agreement with governmental departments to transfer parolees to be deported

In an effort to control the number of deported convicted parolees governmental agencies have come to a mutual agreement. The New Hampshire Department of Corrections announced the transfer of the first eligible parolees to the jurisdiction of ICE to be deported through a new agreement between NH and ICE under the Rapid REPAT (Removal of Eligible Parolees Accepted for Transfer) program. The government has seen an increase in eligible deportation parolees that would fall in to the REPAT program.

Criminal and Immigration Lawyers must work together to help you

Question: I have have committed a crime, but do not know if I should plead guilty or not and if I do plead guilty, I do not know what I should plead to. Should I hire an Immigration Lawyer? Should I hire a Criminal Lawyer? Should I hire Criminal and Immigration Lawyers?

Answer: These are very valid questions. In fact, it is critical that you obtain the necessary information from criminal and immigration lawyers working together. Because you are not a U.S. Citizen, every single crime could potentially affect your ability to legally remain in the United States. Only if the criminal and immigration lawyers work together can you obtain the correct advice. An Immigration Lawyer is not an expert in Criminal Law and a Criminal Lawyer is not an expert in Immigration Law. Neither the Criminal Attorney or the Criminal Judge are aware of how your particular criminal situation will affect your immigration status. There is no reason to plea to something in criminal court that will only hurt your chances of remaining in the United States.

Question: How will the Criminal and Immigration Attorneys work together? What will they do to help me?

Answer: Generally, the Immigration Attorney can prepare the necessary criminal evaluation which will document to you and the criminal attorney exactly what is your immigration situation and the best alternatives for a plea that will have the least effect on your immigration status and will minimize the damage that could occur in future deportation hearings.  Even if you get put into deportation or removal proceedings, the criminal and immigration lawyers working together will minimize the harm in deportation proceedings. It will have the effect of possibly making you eligible for certain forms of relief such as Cancellation of Removal for Lawful Permanent Residents or Adjustment of Status with a Waiver of Inadmissibility. Sometimes a guilty plea in criminal court will not sound so bad, but could make you an aggravated felon in Immigration Court. As an aggravated felon, you would not be eligible for most forms of relief. Thus, if the criminal and immigration lawyers work together in the beginning before you plea to anything, then everyone can benefit. You will minimize the harm done on your immigration status; the prosecutor will still get a conviction; the Criminal Judge will still be administering justice; the criminal attorney gets a plea and the immigration attorney protects you against unintended consequences. Thus, while it might be more expensive, the best route for you is to hire Criminal and Immigration Lawyers to work in tandem to help you through this process.

Question: What happens if I just plea guilty now as I am being told by my Criminal Lawyer that it is the best thing to do?

Answer: That would be a very large mistake. Basically, the Criminal Attorney is probably telling you that you will get less time and that it is the best deal that you can get. However, what does it matter if you get less time if you are simply transferred to immigration detention, placed in deportation proceedings and deported for many years or even the rest of your life? It is critical that you get the help of Criminal and Immigration Lawyers working together before you plea, not after. It is possible to try to set aside the plea afterwards. However, it is considerably more difficult.

What is Final Order Deportation?

final order deportation section 237(a)(1)(d)(i)! – Immigration – Avvo.com http://ping.fm/mX22j

Why should I hire Criminal and Immigration Lawyers?

Criminal and Immigration Attorneys must work together to help you! Question: I have committed a crime, but do not know if I should plead guilty or not and if I do plead guilty, I do not know what I should plead to. Should I hire an Immigration Lawyer? Should I hire a Criminal Lawyer? Should I hire Criminal and Immigration Lawyers?

Answer: These are very valid questions. In fact, it is critical that you obtain the necessary information from criminal and immigration lawyers working together. Because you are not a U.S. Citizen, every single crime could potentially affect your ability to legally remain in the United States. Only if the criminal and immigration lawyers work together can you obtain the correct advice. An Immigration Lawyer is not an expert in Criminal Law and a Criminal Lawyer is not an expert in Immigration Law. Neither the Criminal Attorney or the Criminal Judge are aware of how your particular criminal situation will affect your immigration status. There is no reason to plea to something in criminal court that will only hurt your chances of remaining in the United States.

Question: How will the Criminal and Immigration Attorneys work together? What will they do to help me?

Answer: Generally, the Immigration Attorney can prepare the necessary criminal evaluation which will document to you and the criminal attorney exactly what is your immigration situation and the best alternatives for a plea that will have the least effect on your immigration status and will minimize the damage that could occur in future deportation hearings. Even if you get put into deportation or removal proceedings, the criminal and immigration lawyers working together will minimize the harm in deportation proceedings. It will have the effect of possibly making you eligible for certain forms of relief such as Cancellation of Removal for Lawful Permanent Residents or Adjustment of Status with a Waiver of Inadmissibility. Sometimes a guilty plea in criminal court will not sound so bad, but could make you an aggravated felon in Immigration Court. As an aggravated felon, you would not be eligible for most forms of relief. Thus, if the criminal and immigration lawyers work together in the beginning before you plea to anything, then everyone can benefit. You will minimize the harm done on your immigration status; the prosecutor will still get a conviction; the Criminal Judge will still be administering justice; the criminal attorney gets a plea and the immigration attorney protects you against unintended consequences. Thus, while it might be more expensive, the best route for you is to hire Criminal and Immigration Lawyers to work in tandem to help you through this process.

Question: What happens if I just plea guilty now as I am being told by my Criminal Lawyer that it is the best thing to do?

Answer: That would be a very large mistake. Basically, the Criminal Attorney is probably telling you that you will get less time and that it is the best deal that you can get. However, what does it matter if you get less time if you are simply transferred to immigration detention, placed in deportation proceedings and deported for many years or even the rest of your life? It is critical that you get the help of Criminal and Immigration Lawyers working together before you plea, not after. It is possible to try to set aside the plea afterwards. However, it is considerably more difficult.

U.S. Citizen Child

Can my wife who is illegal in the US be deported when she has a child with a US citizen and what can happen to the baby? – Immigration – Avvo.com http://ping.fm/GFfGD

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