
There are many reasons that a person may be removed from the U.S.
These include overstaying a visa, entering the country without being
inspected or admitted by an immigration officer, being convicted of
certain crimes, marriage fraud, and other immigration violations.
Removal proceedings are brought in Immigration Court against those
individuals whom ICE (Immigration and Customs Enforcement) and/or
CIS(Citizenship and Immigration Services) believe should not be
allowed to remain in the United States. A removal proceeding begins
when a person is given a Notice to Appear, or when the Notice to Appear
is mailed to the last known address. When the Notice is filed in Immigration Court, a date is assigned and the Court will notify the person of the date and time of the hearing.
Because the result of Immigration Court proceedings could mean detention
(being held in a federal detention center) and removal (deportation from the U.S.), any person who has received a Notice to Appear should consult immediately with an Immigration Attorney.
Some ways to avoid removal from the U.S., also called "relief
from removal" are the following:
- Cancellation of Removal
- Adjustment of
Status
- Temporary Protected Status
- Asylum
- Voluntary Departure
Persons who have received a Notice to Appear must appear in Court, even if they do not yet have an attorney to represent them. At the first appearance, the Immigration Judge will usually grant a postponement of the case to allow time to hire an attorney.
Failure to appear in Court on the date and time given by the Court will result
in an Order of Removal in absentia, and the case will not be re-opened unless the failure to appear was because of extraordinary circumstances beyond the individuals control.
Our firm represents individuals in Immigration Court, including
those who have been detained by ICE, as well as those taking appeals from Immigration Court to the Board of Immigration Appeals. When necessary, we have also appealed cases to the federal courts.