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Is it possible to win a deportation?
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ICE reported a total of 400 Haitians in ICE Custody as of 6/24/10 including criminal and non-criminal detainees. ICE deferred to USCIS on question of the number of Haitians who have applied for asylum since the earthquake.
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BIA vacated and remanded, finding that in removal proceedings, the antique firearm exception is an affirmative defense that must be sufficiently raised by an alien charged under INA § 237(a)(2)(C).
Deportation or removal hearings
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The Deportation Process Explained
Question: I am now in deportation proceedings. I have no idea what to do in this deportation process and am very afraid how to proceed. Answer: The deportation process is certainly one that is intimidating. The ICE officials are usually not pleasant and will many times try to have you sign documents that you should not sign. The deportation process is meant to try to get you to voluntary deport so that there is one less person in the system. Nobody is there to help you during the deportation process, and therefore, you must do what is necessary to get a qualified immigration attorney. The deportation process usually begins with you being taken from your house or work and put into immigration detention. At that point, I have many clients tell me that ICE officials will basically tell them there is no hope and that they should just sign the voluntary deportation papers so they can be deported. However, in many cases this hopelessness is not true and there are forms of relief that is available. Therefore, do not sign anything. The deportation process will then continue with a hearing in front of the Immigration Judge. Normally, the first hearing will be set around 5 to 10 days after you are placed into detention. While it is possible to get bond beforehand, it is not likely. Even if Immigration sets bond, it is usually many thousands of dollars higher than what the Immigration Judge might set.
Answer: The deportation process is full of hearings, arguments, submissions and confusion. ICE officers are not known for being kind and I have heard many stories of ICE officials lying to detainees. The deportation process is meant to try to get you to voluntary deport so that there is one less person in the system. Nobody is there to help you during the deportation process, and therefore, you must do what is necessary to get a qualified immigration attorney. The deportation process usually begins along with you being taken from your house or work and put into immigration detention. At that point, I have many clients tell me that ICE officials will basically tell them there is no hope and that they should just sign the voluntary deportation papers so they can be deported. However, in many cases this hopelessness is not true and there are forms of relief that is available. Be sure you are not coerced into signing anything. The deportation process will then continue with a hearing in front of the Immigration Judge. Normally, the earliest hearing will be set around 5 to 10 days after you are placed into detention. While it is possible to get bond beforehand, it is not likely. Even if Immigration sets bond, it is usually many thousands of dollars higher than what the Immigration Judge might set.
At the first hearing in the deportation process, you could request a Bond Redetermination Hearing. This is the hearing where evidence will be presented to see if you are statutorily eligible for bond, and when so, what amount should be set for that bond. If the bond is set, then the case will be continued and you will be given an opportunity to have a family member or friend post the bond and you will be released. Remember that if you appear at all your immigration hearings, that you will get your bond money back at the end of the process. However, if you skip a hearing or do not follow the necessary instructions, you will have just given Immigration the bond money without return.
The deportation process will then continue in a non-detained facility if you bonded out and will continue with what is recognized like a Master Calendar hearing. While this particular hearing does not last long in front with the Immigration Judge, it can be quite important. It is where you’ll plea to the allegations inside the Notice to Appear. This is the document that you are served with at the beginning from the deportation process. It may be the charging document as to why immigration believes that you are deportable. After the Master Calendar, in case you disputed any from the allegations, the deportation process are going to be set over for what is known being a Contested Hearing. This really is where evidence will be presented to dispute the allegation as well as the Immigration Judge will either agree or disagree with you. If the charge is sustained, the Immigration Judge will determine if there is really a proper ground for removability. If so, the next phase on the deportation process is for you to present evidence on what grounds of relief you may qualify for in Immigration Court. This could be Cancellation of Removal, Adjustment of Status, Asylum, Convention Against Torture, Registry and others.
Once you might have let the Immigration Judge know what relief you may qualify for, your case will be set over to file the essential applications. Afterwards, the deportation process will allow the next hearing which is known as a Merits Hearing. This really is where you will in fact have trial on the matter and bring witnesses and all of your testimony too as whatever other evidence you could have. At the end in the deportation process (at least at the Immigration Court level), the Immigration Judge will make a decision and let you know if the relief has been granted or denied.
Of course, this is a summary with the deportation process and you can find lots of other items involved. Nonetheless, this does give you an idea with the deportation process and what to expect. One thing is for sure. Be certain to get an Immigration Attorney who knows the deportation process!
Find a good deportation attorney
Winning a deportation proceeding from an Immigration Lawyer
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The Deportation Process Explained
Question: I am now in deportation proceedings. I have no idea what to do in this deportation process and am very afraid how to proceed. Can you explain the deportation process and what will happen.
Answer: The deportation process is certainly one that is intimidating. The ICE officials are usually not pleasant and will many times try to have you sign documents that you should not sign. The deportation process is meant to try to get you to voluntary deport so that there is one less person in the system. Nobody is there to help you during the deportation process, and therefore, you must do what is necessary to get a qualified immigration attorney. The deportation process usually begins with you being taken from your house or work and put into immigration detention. At that point, I have many clients tell me that ICE officials will basically tell them there is no hope and that they should just sign the voluntary deportation papers so they can be deported. However, in many cases this hopelessness is not true and there are forms of relief that is available. Therefore, do not sign anything. The deportation process will then continue with a hearing in front of the Immigration Judge. Normally, the first hearing will be set around 5 to 10 days after you are placed into detention. While it is possible to get bond beforehand, it is not likely. Even if Immigration sets bond, it is usually many thousands of dollars higher than what the Immigration Judge might set.
At the first hearing in the deportation process, you should then request a Bond Redetermination Hearing. This is the hearing where evidence will be presented to see if you are statutorily eligible for bond, and if so, what amount should be set for that bond. If the bond is set, then the case will be continued and you will be given an opportunity to have a family member or friend post the bond and you will be released. Keep in mind that if you appear at all your immigration hearings, that you will get your bond money back at the end of the process. However, if you skip a hearing or do not follow the necessary instructions, you will have just given Immigration the bond money without return.
The deportation process will then continue in a non-detained facility if you bonded out and will continue with what is known as a Master Calendar hearing. While this particular hearing does not last long in front of the Immigration Judge, it is very important. It is where you will plea to the allegations in the Notice to Appear. This is the document you are served with at the beginning of the deportation process. It is the charging document as to why immigration believes you are deportable. After the Master Calendar, if you disputed any of the allegations, the deportation process will be set over for what is known as a Contested Hearing. This is where evidence will be presented to dispute the allegation and the Immigration Judge will either agree or disagree with you. If the charge is sustained, the Immigration Judge will determine if there is a proper ground for removability. If so, the next phase of the deportation process is for you to present evidence on what grounds of relief you might qualify for in Immigration Court. This could be Cancellation of Removal, Adjustment of Status, Asylum, Convention Against Torture, Registry and others.
Once you have let the Immigration Judge know what relief you might qualify for, your case will be set over to file the necessary applications. Afterwards, the deportation process will allow the next hearing which is known as a Merits Hearing. This is where you will actually have trial on the matter and bring witnesses and all of your testimony as well as whatever other evidence you have. At the end of the deportation process (at least at the Immigration Court level), the Immigration Judge will make a decision and let you know if the relief has been granted or denied.
Of course, this is a summary of the deportation process and there are lots of other items involved. However, this does give you an idea of the deportation process and what to expect. One thing is for sure. Be sure to get an Immigration Attorney who knows the deportation process!
Filed under: Deportation, deportation attorney, deportation process, Immigration Attorney | Tagged: deportation attorney, deportation lawyer, deportation process, Immigration Attorney, Immigration Lawyer | 65 Comments »
This article will be a bit of a different article than normal. As you know, I am an Immigration Attorney. I am always helping families reunite and stay in the United States. I know how important it is to be with your family and to enjoy the time you have with them. This is one of the main reasons I chose Immigration Law. I did not like seeing families being torn apart and living in separate countries from their spouses, children and other loved ones. I needed to do something to help the despair that I saw people experiencing. That is why I have been practicing law for nearly 20 years.
Last week my father-in-law passed away. Since I grew up without a dad, my father-in-law was my father for almost the 20 years I have been married. His passing was quite difficult for me. I have never had someone as close as him pass away and I had an emptiness and sadness in me that I had never experienced before. The last week has emphasized what I do to help the immigration community was the right path for me to take. It has shown me that helping families through use of Immigration Law is the best path I could have taken.
It has taught me that we need to enjoy the time that we have with those whom we love. The reality is that we never know when our loved ones will pass on. My father-in-law had a headache and went to the hospital. At that time, he had brain hemmorages and 3 days later he passed away. While there is always things we can say we wished we had done, I was happy that I did spend a lot of time with him and played tennis and just sat and talked about many things with my father-in-law. Since his passing, I have come to a new realization about life. We really need to enjoy living itself. For example, the joy of seeing the sun rise, smelling a flower, walking the dog, playing a card game with your child. These joys and simple pleasures should not be taken for granted, but rather, relished and experienced. Never get tired of spending time with your loved ones. You will never say at the end that you wish you worked more. Make the time to do what you want to do with your loved ones while they are still living so that you do not have regrets when they pass away.
Don’t let the small stuff bother you. Don’t get mad because someone is driving too slow, or the bus is 5 minutes late. Don’t let the small stuff in life distract you from what is really important. When there is hardship and suffering, learn to work through it. For example, should you be separated because of a deportation, fight to get your loved one back. They are still here with you and if you fight hard enough, they will eventually be able to come back and be with you.
We all only have a limited time here. Let’s make the best of it and let’s make a positive impact on our families and society. Enjoy what you have. Enjoy your families and do not sweat the small stuff.
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Question: I am in deportation proceedings and I have no idea what to do. Can you help me?
Answer: First, you want to make sure to hire the best deportation lawyer. There is a myriad of things that can go wrong. You have to remember that the Immigration Judge and the attorney representing the ‘other side’ are not there to help you. In fact, you are just a number to them. You must find a knowledgeable and reputable deportation attorney who you believe is the best deportation lawyer available for the job. Keep in mind that the difference between a win and a lose could very well fall on the tactics that the immigration lawyer does and the manner in which he or she does it.
Question: I would like to find the best deportation lawyer. However, I just do not know what to look for in that particular immigration attorney. Can you help?
Answer: First, you want to make sure that the best deportation lawyer is actually an attorney. Unfortunately, there are some very unscrupulous people out there that could try to come off as an attorney and only end up taking your money. You can find out if they are in fact an attorney, they will be listed on the website for the attorneys for that particular State. Next, make sure the best deportation lawyer actually specializes in Immigration Law. If you will do a small inquiry, you will note what kind of law the immigration attorney does. If this immigration attorney only does a few immigration cases and takes multiple other cases per year of other areas of law, then it is a pretty good assumption that this particular immigration lawyer is not the best deportation lawyer for the job and probably does not know the details and complexities of immigration law. Many States actually have exams and other requirements for the immigration lawyer to take if that particular immigration lawyer wants to become a certified specialist in Immigration and Nationality Law. If your particular State has such a program for the licensed attorneys, it would be a good idea to see if this attorney is a certified specialist. If so, then you are one step closer to finding the best deportation lawyer for your case. Next, you certainly want to find out if this immigration attorney emphasizes deportation and removal law. Believe it or not, an immigration attorney can be a certified specialist in immigration law and still not specialize specifically in deportation law. If that is the case, then you have a very qualified immigration lawyer, but do not have the best deportation lawyer.
Question: How do I know if this immigration lawyer emphasizes deportation law.
Answer: You can certainly ask the immigration attorney what is their emphasis in immigration law. Alternatively, go on websites like Avvo.co, or Linkedin.com or other similar sites that allow you to view a detailed profile of the immigration attorney and ho that particular immigration attorney presents himself or herself. You should be able to notice that there is an emphasis in a particular area. For example, in deportation law, you will find discussions on Cancellation of Removal, Asylum, Convention Against Torture, Withholding of Removal, Adjustment of Status, Waivers and other items of a similar nature.
Getting the best deportation lawyer will give you a better chance of winning your case. It will give you a better chance of not being deported and if you win, you will be able to stay in the United States with your loved ones and your family. So, the bottom line, is do your homework and interview your immigration attorney, and then you can proceed with finding the best deportation lawyer for your case.
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 