Removal Proceedings

Best Deportation Lawyer needed for Removal Proceedings

Posted on May 24, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am in deportation proceedings and I have no idea what to do. What should I do?

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. How the best deportation lawyer handles a case is critical to its outcome.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. One can discover out if they are in fact an attorney, they could possibly be listed about the website to the attorneys for which special State. Next, be sure that the best deportation lawyer in fact specializes in Immigration Law. If one might do a small inquiry, an individual will probably note precisely what kind of law the immigration attorney does. If this immigration attorney simply does a handful of immigration cases and takes multiple additional cases per year regarding some other areas of law, and then it is going to be a pretty good assumption of which this particular immigration lawyer is without a doubt not the best deportation lawyer to the job and probably doesn’t understand the details and complexities of immigration law. Many States actually have exams and also other requirements to the immigration lawyer in order to take if of which unique immigration lawyer wants to be able to become a certified specialist in Immigration and Nationality Law. If your current special State has such a program for the licensed attorneys, it would certainly possibly be a good idea in order to discover if this attorney is actually a certified specialist. If so, then a person are generally one step closer to finding the best deportation lawyer for your current case. Next, people absolutely want to locate out if the immigration attorney emphasizes deportation/removal and removal law. Believe it or even not, an immigration attorney could end up being a certified specialist in immigration law and continue to not specialize specifically in deportation law. If in which is actually the case, then you have a extremely qualified immigration lawyer, although really don’t contain the best deportation lawyer.

Question: What must I do to confirm that deportation law is what this particular immigration lawyer specializes in?

Answer: First, you would conduct an interview of the deportation attorney to see if he or she does immigration law. You could also look on various websites such as Avvo.com or Linkedin to see what is on their profiles and if they have dportation wins. There are many areas of immigration law such as business immigration, family immigration and consulate processing. Make sure there is some information regarding the fact that he or she does deportation. Look to see they know about the legal principles of Cancellation of Removal, Asylum, Convention Against Torture and other deportation related areas.

The best deportation lawyer will only help you and your family. This immigration lawyer will push through all of the particular legal theories for your case, not just the one that client may want to proceed with in Immigration Court. The best deportation lawyer will be able to determine if there is a realistic chance of success. If you have a very difficult case, the best deportation lawyer can find the gray area of the law and try to get a winning case for you.

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A new case on Cancellation of Removal:

Posted on May 19, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

NINTH U.S. CIRCUIT COURT OF APPEALS

–Immigration Law-
Petitioner’s unborn daughter was not a qualifying relative for purposes of cancellation of removal for exceptional and extremely unusual hardship where she did not meet the statutory definition of “child” at the time of petitioner’s hearing.
Partap v. Holder

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Filed under: Cancellation of Removal | Tagged: Cancellation of Removal, Immigration, Immigration Attorney, Immigration Lawyer, Reinstatement of Removal, Removal, Removal or Deportation Hearings, removal order, removal orders, Removal Proceedings | Leave a comment »

Posted on March 31, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

removal proceedings – Immigration – Avvo.com http://ping.fm/joZgj

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Denial of petitions and removal are issued for drug conviction

Posted on March 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Removal qualifications are clarified under new standards of of petitions. CA9 denied petition, finding conviction under Cal. Health & Safety Code § 11379(a), qualifies for removal, so long as substance involved is determined to have been controlled substance under the modified categorical approach.

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BIA rules on withholding of removal

Filed under: Removal Proceedings | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, Reinstatement of Removal, Removal, Removal or Deportation Hearings, removal order, removal orders, Removal Proceedings | Leave a comment »

Deportation/Removal Case Terminated

Posted on March 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Removal Proceedings Terminated. Person was placed into removal proceedings after he applied for Naturalization.

Client charged as an aggravated felon for his 1998 Domestic Battery conviction.

We were able to show that this crime does not qualify categorically as a crime of violence and therefore, a crime of domestic violence.

In addition, the conviction documents served by the government did not establish that client had been convicted of a crime of violence.

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Find a good Immigration Attorney to help you

New Immigration Case about Asylum from Iran

Posted on March 12, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Alien seeking to reopen removal proceedings failed to provide evidence of changed conditions in Iran where proffered evidence recounted generalized conditions in Iran similar to those that existed during alien’s initial asylum hearing and failed to show how alien’s predicament was appreciably different from the dangers faced by her fellow citizens. Failure by Board of Immigration Appeals to give reasons detailing why alien’s affidavit concerning her intent to be politically active in Iran did not present previously unavailable, material evidence was arbitrary, irrational, or contrary to law. Claim based on hatred of Iranians for Americans cannot justify asylum. Even if “westernized” women were a disfavored group of which alien was a member, alien failed to provide evidence of an individualized threat to persecute her, and so she could not establish a well-founded fear of future persecution.
Najmabadi v. Holder – filed March 9, 2010
Cite as 05-72401

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Case Terminated

Posted on March 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Removal proceedings terminated w/o prejudice. Now, Client can apply for adjustment of status before CIS to obtain Lawful Permanent Residency.

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Filed under: Removal Proceedings | Tagged: Adjustment of Status, Cancellation of Removal, Deportation or Removal Hearings, Reinstatement of Removal, removability, Removal, Removal or Deportation Hearings, removal order, removal orders, Removal Proceedings | Leave a comment »

Denial of petitions and removal are issued for drug conviction

Posted on March 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Aliens conviction

Battery conviction

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Convictions of violence and battery charges in those applying for immigration petitions

Filed under: conviction | Tagged: alien's conviction, aliens, controlled substance, illegal aliens, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, Removal Proceedings | Leave a comment »

Can they deport me again?

Posted on February 22, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I was deported years ago and could not stay away from my wife any longer. I reentered the U.S. illegally and am now reunited with my wife. Can they deport me again?

Answer: Removal pursuant to §241(a)(5) of the Immigration and Nationality Act (INA) – the reinstatement of removal provision – accounts for 40% of all removals nationwide, and two-thirds of nationwide reinstatements take place within the Ninth Circuit.

Question: What is reinstatement of removal?

Answer: Reinstatement of removal is the term for removal pursuant to INA §241(a) (5). Reinstatement of removal orders against those illegally reentering if the Attorney General finds that an alien has reentered the United States illegally after having been removed or having departed voluntarily, under an order of removal, the prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed. The alien is not eligible and may not apply for any relief under this chapter, and the alien shall be removed under the prior order at any time after the reentry.

Reinstatement orders (or orders of reinstatement) are issued by low-level immigration officers, not immigration judges. The orders may be executed within hours or days. Due to the lack of a hearing and speed at which the orders are executed and issued, removal under INA §241(a)(5) is sometimes called summary removal.

Significantly, individuals subject to INA §241(a)(5) are “not eligible and may not apply for any relief” under the Immigration and Nationality Act.

Question: Who is subject to reinstatement of removal?

Answer: Noncitizens who return to the United States illegally after having been removed under a prior order of deportation, exclusion, or removal are subject to removal under §241(a)(5) unless they meet a statutory or judicial exemption.

Question: Who is statutorily exempt from reinstatement of removal under INA §241(a)(5)?

Question: Congress has enacted legislation that specifically exempts the following individuals from being subject to reinstatement of removal: Individuals applying for adjustment of status under INA §245A (the legalization program) who are covered by certain class action lawsuits. Nicaraguans and Cuban applicants for adjustment under §202 of the Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA). Salvadoran, Guatemalan, and Eastern European applicants under NACARA and Haitian applicants for adjustment under the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA).

Question: Who is judicially exempt from reinstatement of removal under INA §241(a)(5)?

Answer: Litigation in the courts of appeals has resulted in a number of case law exemptions to §241(a)(5). The First, Seventh, and Eleventh Circuits who applied for discretionary relief before April 1, 1997; and the Ninth Circuit who filed an application for adjustment of status and application for permission to reapply for admission to the United States after deportation or removal (aka I-212 waiver) prior to the reinstatement determination.

Question: After issuance of a reinstatement order, can a person apply for any “relief” from removal?

Answer: A final reinstatement order triggers the bar to relief in INA §241(a)(5). However, DHS has previously taken the position that withholding of removal is not a form of relief because it is mandatory, not discretionary. Thus, if a person expresses a fear of return during the reinstatement process, the regulations provide for an interview with an asylum officer. If an asylum officer determines that the person has a “reasonable fear of persecution or torture,” he or she may apply for withholding before an immigration judge.

Question: If the person did not leave under the order of deportation, can it be reinstated?

Answer: No. If the client has not departed since the prior order was issued, then he or she cannot be subject to reinstatement under INA §241(a) (5) because the statute requires an illegal reentry “after having been removed or having departed voluntarily, under an order of removal.”

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