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Removal Defense

Key Point:
  • Individuals in removal proceedings may have several legal options available, including cancellation of removal, asylum, adjustment of status, or waivers. 
  • At Aftalion Law Group, admitted in California and New York, legal counsel works with clients to navigate and defend against immigration court proceedings.
  • Due to strict deadlines enforced within removal cases, evaluating your potential forms of relief quickly is critical to your defense.
Man behind jail bars inside a detention facility waiting for legal proceedings.

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U.S. Removal Defense Attorneys

What is Removal Defense?

Many people around the world want to live in the United States, but just moving to the U.S. does not mean you are allowed to stay. 

If you don’t follow the rights rules, the U.S. government can decide to deport you.  That means they make you leave the country, even if you want to stay in the U.S.

Common Removal Reasons

What are the most common reasons a person is removed?

In general, there are five reasons the U.S. government might believe a non-U.S. citizen should be removed.

  • If a non-U.S. citizen comes to the U.S. without getting permission from the government first, like with a visa.
  • If a non-U.S. citizen does get permission before visiting but breaks the rules for the visit.
    • For example, getting a job without permission or staying longer than the government said was ok. This is called “Status Violation”.
  • If a non-U.S. citizen is found guilty of breaking a law or belonging to a group or organization that the U.S. government does not allow.
  • If a non-U.S. citizen has applied for asylum, but the U.S. government says no to the application.
  • If a non-U.S. citizen becomes a public charge within five years of coming to the country.
FREE case evaluation - CALL US AT (424) 270-6767

To learn more, click above for a FREE case evaluation with the U.S. immigration attorneys of Aftalion Law Group.

The Steps of the Removal Process

What are the removal process steps?

If the U.S. government thinks someone might need to be removed, the removal process, or removal process proceedings, beings. There are five general parts of the removal process:

  • The non-U.S. citizen is arrested by a member of the U.S. Immigration and Customs Enforcement, often known as ICE.
  • Soon after being arrested, the person receives a document called a Notice to Appear. The Notice to Appear tells the person why the government believes he or she should not be allowed to stay in the United States.
  • An ICE official decides if the person is allowed to pay bond and go home of if they must stay in jail until the removal hearings—meetings with an immigration judge.
  • At the removal hearings an immigration judge decides if the person should be removed or not.
  • If the immigration judge decides the person should be removed, he or she has 30 days to ask for second opinion on the decision, called filing an appeal. All appeals are read by the Board of Immigration Appeals.  The Board reads a document the tells them every word at the removal hearings, so they know what happened, even though they were not there.  A removal defense attorney can fil objection with the Board about why they disagree with the person the person being deported (called a legal brief), but the person is not allowed to talk to the Board at the appeals meeting.

Aftalion Law Group's Removal Process Attorneys

We can assist with your U.S. removal process!

It is scary and stressful to face removal proceedings.  We at the Aftalion Law Group understands and here to help.  We take the time to listen to your concerns and answer all the questions you have so you unders each part of the process.  We are by your side so you can understand everything you need to know.

FREE case evaluation - CALL US AT (424) 270-6767

To learn more, click above for a FREE case evaluation with the U.S. immigration attorneys of Aftalion Law Group.

FAQ

You may be able to stop a deportation order by filing a motion to reopen, requesting cancellation of removal, applying for asylum or withholding of removal, or filing an appeal with the Board of Immigration Appeals. An experienced removal defense attorney can evaluate which options apply to your case.

A dismissed appeal means the Board of Immigration Appeals has declined to change the immigration judge’s original decision. This does not always end your case. Depending on the circumstances, you may still be able to file a motion to reconsider or seek review through a federal circuit court.

In many cases, yes. An immigration judge may grant bond if you can show you are not a danger to the community and are likely to appear at future hearings. Bond amounts vary, and having legal representation significantly improves the outcome of bond hearings.

Cancellation of removal is a form of relief available to certain non-permanent residents who have lived continuously in the United States for at least 10 years, demonstrate good moral character, and can prove that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or permanent resident relative.

You have the right to remain silent and do not have to open the door unless officers present a valid judicial warrant signed by a judge. Ask to see the warrant through a window or under the door. Contact an immigration attorney immediately and do not sign any documents without legal counsel.