When Do Removal Proceedings Begin?
Removal proceedings begin when the Department of Homeland Security files a Notice to Appear, Form I-862, with the Immigration Court after it is served on the alien. The Notice to Appear, or NTA, is a written notice to the alien which includes the following information:
the nature of the proceedings
the legal authority under which the proceedings are conducted
the acts or conduct alleged to be in violation of the law and
the charge(s) against the alien and the statutory provision(s) alleged to have been violated
When can I request a Bond Hearing?
If you or a loved one are in criminal custody and you are not a US Citizen, chances are you have an immigration hold on you. You must contact an experienced immigration attorney immediatly to evaluate your case and determine your immigration relief.
Once retianed, our office will expeditiously request your bond hearing. In most cases we are able to have you released immediately once you are transferred to immigration custody. In cases where the officer does not agree to an immediate release, we file the bond motion and vigorously fight for your case.
Not all immigrants are eligible for bond, depending on your criminal record you might be subject to Mandatory Detention. If you are not eligible for bond, you will have to fight your case from inside immigration detention.
What Factors does the Court look to Determine Bond:
1. Fixed address in the United States. 7. Prior failures to appear for scheduled court proceedings.
2. Length of residence in the United States.
3. Family ties in the United States, particularly those who can confer immigration benefits on the alien such as a United States Citizen (USC) Spouse or USC Children over 21 years of age who could file for their parents
4. Employment history in the United States, including length and stability.
5. Immigration Record whether or not that person had any previous immigration violations
6. Attempts to escape from authorities or other flight to avoid prosecution.
8. Criminal record, including extensiveness and recency, indicating consistent disrespect for the law and ineligibility for relief from deportation/removal. Matter of Guerra, 24 I&N Dec. 37 (BIA 2006); Matter of Andrade, 19 I&N Dec. 488 (BIA 1987).
Who are the Parties involved in Removal Proceedings?
The alien who receives the NTA is referred to as the Respondent. He or she has a right to be represented by counsel at his or her own expense. The Department of Homeland Security, which is referred to as DHS, will have one of their attorneys present who will be referred to as the DHS attorney. Removal proceedings are conducted in formal courtroom settings before an Immigration Judge.
What if I don't speak English, do I have to take an interpreter?
No you do not have to take your own interpreter. The Immigration Court endeavors to accommodate the language needs of all respondents and witnesses who do not fully understand the English language. At the governments expense, the Court will arrange for an interpreter both during the individual calendar hearing and, if necessary, the master calendar hearing.
How should I dress for my hearing?
You should appear in proper attire as if you were attending Church, Temple, Mosque or any other religious venue.
What does it mean to be inadmissible?
Inadmissibility refers to anyone who is not a United States Citizen and seeks to enter the United States. Even if you are a Lawful Permanent Resident or have a valid visa, once you leave the US and try to come back, you may be inadmissible thus, admissibility applies to persons seeking to enter the United States.
In certain circumstances, it applies even when the person is already in the United States. For example, if you are coming back to the US from a trip abroad and you are detained at the airport, although you are on US soil, you are still considered inadmissible if you fall under one of the following categories:
212(a)(2)(A)(i)(I): Convicted of or admits committing crime of moral turpitude
212(a)(2)(A)(i)(II): Convicted of or admits committing crime relating to a controlled substance
212(a)(6)(C)(i): Seeks to procure visa or entry or benefit by fraud or misrepresentation
212(a)(6)(C)(ii): False claim to U.S. citizenship
Sec. 212(a)(6)(E)(i): Any alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the U.S. in violation of law.
Sec. 212(a)(9)(B)(i)(II): Unlawfully present for one year or more after April 1, 1997, and departs - inadmissible for 10 years.
Sec. 212(a)(9)(C)(i)(I)&(II): Unlawfully present for aggregate of more than one year after April 1, 1997, or who was previously ordered removed and attempts to reenter or reenters without being admitted.
My NTA does not mention inadmissibility but does mention deportability, what is the difference?
Deportability applies to persons who have been admitted to the United States and are later charged with a violation of the law. For example, a person who has been admitted as a Lawful Permanent Resident and gets convicted of a certain crime, i.e. PC 273.5 Domestic violence, will be subject to deportability.
Why does Immigration make a distinguishment between inadmissibility and deportability?
It is important to distinguish the two as a conviction under inadmissiblility has a different consequence than a conviction under deportability. If a person who has his/her LPR status commits a crime in the United States, his/her consequences would be different than had they left the United States and were apprehended at the Boarder.
Due to the complexity of Immigration Law, it is best to hire an attorney if you fall under any of the above categories. Under our testimonial section, you will find a series of real life scenarios we have successfully dealt with throughout the years. When hiring an attorney, you should always check with the State Bar to determine their eligibility. You may also want to consult with various attorney's until you find one you feel most comfortable with. Caveat->its important that the majority of their practice consist of Immigration with a focus on deportation defense. Furthermore, please do NOT hire a paralegal or "Notorio" to represent you. Throughout the years I've had many clients come to our office after their "Notorio" took all their money, promised them the world and at the end, delivered nothing except placing them in removal proceedings. Many times these Notorios approach you in Court or outside of Court and promise you unwarranted outcomes. Some of them actually work with the attorney, they will approach you and take you to their office. Please be cautious and stay away from anything that looks suspicious!!!
You are more likely to prevail on your application for relief when your evidence has been thoughtfully prepared and presented, when you and your witnesses are ready to testify, and when you are open and candid with the Court. Lastly, keep in mind that you must trust your attorney and be assured that s/he will do his/her very best in helping you merit a second chance.