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Filed under: Deportation | Tagged: Deportation, deportation attorney, deportation lawyer, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
BIA granted a motion to reopen an in absentia order of deportation based on Matter of Lozada. BIA found Matter of Lozada substantially satisfied where prior attorney is now deceased.
Filed under: Motion to Reopen (MTR) | Tagged: BIA, Deportation, Immigration Attorney, Immigration Lawyer, motion to reopen, Motion to Reopen (MTR), motion to reopen attorney, Motion to Reopen with the BIA, MTR | Leave a comment »
BIA granted a motion to reopen an in absentia order of deportation based on Matter of Lozada. BIA found Matter of Lozada substantially satisfied where prior attorney is now deceased.
Filed under: BIA, Deportation, deportation attorney, Immigration Lawyer, MTR in absentia | Tagged: BIA, Deportation, Immigration Attorney, Immigration Lawyer, MTR | Leave a comment »
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
Filed under: Removal Proceedings | Tagged: antique firearms, BIA, Deportation, deportation attorney, deportation lawyer, Deportation or Removal Hearings, deportation order, Immigration, Immigration Attorney, Immigration Lawyer, Removal, removal order, removal orders, Removal Proceedings | Leave a comment »
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
Filed under: Deportation | Tagged: deport order, Deportation, deportation attorney, deportation lawyer, deportation order, deportation proceedings, deportations, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
The Arizona Law is a disgrace to the U.S. Articles are being written about this in many forums. The Arizona Law is unconstitutional and should be struck down. As an Immigration Attorney, I wonder what would make the Governor of Arizona decide to sign such racist legislation into law. There are even other political candidates saying they will pass a similar Bill if elected. It is a shame that it seems the only reason these other candidates will support such a law is to get the racist vote.
The Law Offices of Brian D. Lerner
Filed under: Arizona Immigration Law | Tagged: arizona immigration law, arizona law, Deportation, Immigration Attorney, Immigration Lawyer | 12 Comments »
(1) The 90-day time limitation for filing a motion to reopen in 8 C.F.R. § 1003.23(b)(1)(2010) applies to motions to reopen in absentia deportation orders for the purpose of adjusting status, whether filed before or after the 1996 promulgation of the regulations.
(2) The 5-year limitation on discretionary relief for failure to appear at deportation proceedings under former section 242B(e)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1252b(e)(1) (1994), is not in conflict with, and does not provide an exception to, the 90-day deadline for filing a motion to reopen in 8 C.F.R. § 1003.23(b)(1).
Find a good deportation lawyer
Filed under: Deportation | Tagged: Deportation, deportation attorney, deportation lawyer, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Person had deportation order, then we filed an employment based petition, and I-140 and got approval, then got the approved adjustment
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Is it easy to win a deportation?
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Winning a deportation proceeding from an Immigration Lawyer and deportation Attorney
Filed under: Deportation | Tagged: Deportation, deportation attorney, deportation lawyer, deportation order, deportation proceedings, deportations, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
INS Deportation continues to be a problem for Illegal Aliens.
Question: As there continues to grow a population of illegal aliens in the United States, INS Deportation cases continue to grow. People are taken from their work, their homes, their cars and from all manner of places. I am afraid to walk down the street or outside of my house, especially with the new laws in Arizona. Can you elaborate on how someone can be subject to INS Deportation?
Answer: First of all, if you are here illegally, then you are subject to INS deportation. Only if you are here on a valid work permit, or as a Lawful Permanent Resident or as a U.S. Citizen are you not subject to INS deportation. As is well known, ICE officials can take you anywhere or anytime in order to carry out the laws of the United States. It is unfortunate, that many times these laws are misinterpreted, stretched or simply ignored by INS officials. However, if you start with the basis that you can be deported if you are here illegally, then you can move to the next step to try to win an INS deportation.
Question: What must I do to win an INS deportation or what defenses can I have?
Answer: If you are deportable, then you must determine if you have relief from deportation. The U.S. laws do permit you to normally fight your case in Immigration Court in order to avoid an INS deportation. Many times I have heard horror stories from clients about what INS, ICE or other government officials have said to them. Many times, clients will tell me something to the effect that they were coerced into signing a voluntary deportation order, or that they were told they will be in the detention facility for many years and nothing will happen unless they sign the ‘paper’. Of course, much of it was not true and people who had relief available were deported. Therefore, the bottom line is not to sign anything when you are in detention or presented with options by ICE officials. INS deportation is rather complicated and you should see a qualified immigration attorney to see how he or she can help you. For example, to avoid INS deportation, you could apply for different forms of relief depending on what you qualify for under the immigration laws. Some examples would be Cancellation of Removal for Lawful Permanent Residents, Cancellation of Removal for Non Permanent Residents, Adjustment of Status, Registry, Asylum, Convention Against Torture, Withholding of Removal and others. Each form of relief requires its own application and analysis. However, if you want to avoid INS deportation, and you have a chance at winning a form of relief, you should take it. It is definitely harder to win a case outside of the U.S. than inside. Even if you do not have a very strong case, many times it is beneficial to fight inside the U.S. to avoid INS deportation. Many people who are in detention will qualify for bond and be able to fight their case while being free. It is simply a matter for the Immigration attorney to make a Motion for Bond Redetermination.
Question: How long does it take to stop INS Deportation?
Answer: That will depend. Some cases can be terminated relatively quickly, and others will take years to fight. However, if one option is to have an INS Deportation and to live outside the U.S. in a country which you have no family or familiarity, verses being free in the U.S. while you fight your case, it is normally preferable to fight in the U.S. I have had many cases over the years that were being fought when some new laws came out making them eligible for some other form of relief. Every situation is different, but staying in the U.S. is worth fighting for.
Removal: winning a deportation
Filed under: deportation attorney | Tagged: Deportation, deportation attorney, deportation lawyer, deportation order, deportation proceedings, Immigration Attorney, Immigration Lawyer, ins attorney | 6 Comments »
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