We defend aliens who are facing deportation and removal from the United States . Depending on your own unique situation, we may help you seek the following relief for you: a) Adjustment of Status; b) Asylum; c) Cancellation of Removal; and d) 212 (c) relief. We also handle BIA appeals and motions to reopen. An aggressive, knowledgeable attorney usually makes a difference between your continuous residency and deportation from the United States . Think about it.
Process:
The BCIS usually initiates removal of deportation proceeding by sending the alien a document called Notice of Appear (NTA). The NTA informs the alien on the basis of deportation and commands the alien to appear in Court at a date, time and place. Failure to appear for a scheduled hearing results in absentia order of removal of the alien from the United States . It is therefore vital that an alien who has been scheduled for a Removal Hearing appears. The hearing is conducted by an Immigration Judge. The government is represented by a Custom and Immigration Service (CIS) Counsel. The job of the CIS Counsel is to have you removed or deported from the United States. The government bears the burden of proving deportability, which is not as difficult as it sounds. Both parties are allowed to call witnesses and to present testimony. The Immigration Judge usually renders his/her opinion after the hearing, either dismissing and terminating or sustaining the change. If the Judge sustains the charge, he/she enters an order of deportation. The alien must appeal the ruling to the Board of Immigration Appeals (BIA) within 30 days or the order is final.
The BIA can take months to consider an appeal by either the government or the alien. The BIA relies on the record developed by the Immigration Judge, and as a result gives great weight to findings of fact made by the Immigration Judge. The BIA would reverse the Immigration Judge where the Immigration Judge makes an error of law, or substantial factual error, or where the Immigration Judge’s order is inconsistent with the law or facts of the case. Practice before the BIA is through written motions and brief. Therefore, it is highly recommended that the alien hire an attorney who is experienced in BIA appeal practice.
If the BIA sustains the Immigration Judge below, the alien has 30 days to seek review from the Circuit Court of Appeal. The Circuit Court of Appeal usually is the Court of last resort for the alien who ordinarily cannot appeal to the Supreme Court of the United States . If the Circuit Court denies the appeal from the BIA, the alien’s option to stay in the United States is very precarious and limited.
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