National Immigration Project
AILA
ABA
TBA

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.

Bond Hearing

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

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.

Source: USCIS Website

Client Reviews
★★★★★
Dear Mr. Ahluwalia, I would like to thank you for all your help with Dr. xxx case. She and I were very impressed with your services and the professionalism that you showed both of us. I am referring you to a very good friend of mine who is opening a manufacturing plant and wants to bring his brother in as a partner/investor/employee from Italy. I am forwarding your information for xxxx to contact you and make arrangements accordingly. Thank you for all your help. Dr. F.
★★★★★
Inderjit, thank you so very much. I sincerely appreciate all the effort you took to get this approved and your incredible patience. As xxx mentioned, we will only work with you for all our future H1's. Thanks once again. Sujaya