Removal and Deportation Defense
Deportation or removal proceedings take place when the Department of Homeland Security (DHS) believes a foreign national is within the grounds of inadmissibility or deportability. There are many reasons a foreign national may be placed in deportation or removal proceedings. The first question in such proceedings is whether the foreign national is "removable" from the United States. A U.S. citizen cannot be removed from the United States. If the foreign national is not a U.S. citizen, they may be placed in removal proceedings for crimes or criminal-related activity (state or federal) or violation of immigration laws.
Whether you face inadmissibility or deportability, removal proceedings depend upon whether or not they were lawfully admitted to the United States. Since immigration laws, rules, and procedures are constantly changing and are inherently complex, it is important to obtain competent legal representation at the early stages of such proceedings.
If a foreign national is detained by the Department of Homeland Security (DHS) and they are not subject to mandatory detention, depending on their immigration status or criminal record they may be eligible for release from detention on bond set by the DHS. Upon posting this bond, the foreign national will be released. If the foreign national cannot afford the bond, they have the right to request a bond re-determination hearing by the immigration court. The immigration judge has the authority to review the initial determination made by the DHS, or even let the foreign national go without any bond on his or her own recognizance. The bond may be paid in cash or by a bail bondsman.
Removal proceedings against a foreign national are initiated at the immigration court when they are served with a Notice to Appear (NTA) document. On the NTA, the DHS will name the allegation and charges against the foreign national. The removal proceeding is conducted by the immigration judge to make the following findings:
- Whether the foreign national is removable from the United States based on a ground of inadmissibility or deportability
- Whether the foreign national is eligible for any type of relief from removal
Appeal of a Removal Order
A removal order issued by an immigration judge can be challenged or appealed to the Board of Immigration Appeals (BIA). If the BIA upholds the removal order, the decision can be appealed to the Federal Court of Appeals with the appropriate circuit. It should be noted that the filing of an appeal with the Board of Immigration Appeals and Federal Court of Appeals involves strict procedures and deadlines. Failure to follow those procedures and to meet the deadlines may result in rejection of your appeal.
At The Ahluwalia Firm, our emphasis is on:
- providing zealous representation before the Department of Homeland Security and the Immigration Court .
- providing careful review of your personal circumstances
- providing dependable advice and assistance on how to present yourself at the court hearings
- ensuring a service-delivery model that meets and exceeds your satisfaction
For additional information about our ability to improve your prospects when you are facing removal and deportation proceedings, including bail bond hearings, contact us for reliable advice.