Asylum and Removal (Deportation) Defense
Removal (Deportation) Defense
An order of removal is a decision by an immigration judge that a noncitizen should be deported from, or prohibited admission to, the United States. The immigration judge must also decide any applications for relief from removal that the noncitizen may have filed. Officers of the Department of Homeland Security (DHS) may alsoissue removal orders under limited circumstances.
Vigorous representation in removal proceedings is critical because a noncitizen normally receives only one opportunity to prove that he or she should not be removed. Further, the consequences of an order of removal can be severe. The consequences may include banishment from the United States for a period ranging from 5 years to life.
The first question in removal proceedings is usually whether the person is "removable" from the United States. To be removable, the person must not be a citizen of the United States. Sometimes a person can establish citizenship through the complicated laws governing acquisition and derivation of citizenship for persons born outside of the U.S. If the person is not a citizen, then the next determination is whether he or she has done something to merit removal. This is clear where the person is present in the U.S. without inspection and admission, but often can be contested where the government previously admitted the person to the U.S. as a permanent resident or in some other status.
Common ways to lose permanent resident status include conviction of a crime, fraud in the permanent residence application, absence from the United States for lengthy periods (abandonment of residence), and helping a noncitizen enter illegally (alien smuggling). These issues tend to arise at inspection upon return to the U.S. from abroad, during a naturalization examination, or when the government encounters the noncitizen in jail or prison.
The immigration laws regarding removability for conviction of a crime are particularly complex. These laws often expand along with the state penal laws. Also, the consequences of a conviction often depend upon whether the crime comes within the grounds of inadmissibility, the grounds of deportability, or the aggravated felony definition.
Once the issue of removability has been settled, the question becomes whether the noncitizen is eligible for and deserving of relief from removal. Those forms of relief include applications for asylum, withholding of removal, Convention Against Torture relief, cancellation of removal, adjustment of status, discretionary waivers, etc.
For more information please contact our office,