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U.S. Immigration Services
Court Proceedings: Deportation Defense

   

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10/14 UPDATE

Change in U.S. Customs and Border Protection Policy Regarding Initiation of Removal Proceedings Against Non-citizens with Criminal Convictions

 

After the passage of the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) in 1996, deportations of foreigners have increased exponentially. Since then, deportation hearings are now referred to as "removal proceedings." Because of the harsh provisions of the 1996 laws, even relatively small misdemeanors can lead to one's removal from the United States, no matter how long s/he has been a lawful permanent resident. Any violation of one’s status in the U.S. can also potentially result in s/he being placed in removal proceedings. These violations generally include staying beyond the period authorized, failing to abide by the conditions of one’s status, or entering without proper documents.

We can provide assistance for cases where the deportation is based upon illegal entry, overstay or violation of visa, fraud and criminal conduct. Our representation in removal proceedings may involve the preparation and presentation of an application for relief from deportation, removal or exclusion, as well as the gathering of supporting documents. This representation may entail an oral or written argument presented to the Immigration Judge. We will provide individualized advice regarding the recommended legal strategy. Some of our strategies in defending a client in removal proceedings may include: applications for asylum, cancellation of removal, adjustment of status, or bond re-determination hearings, among others. We can also assist in preparing an appropriate legal brief to the Board of Immigration Appeals if an appeal is necessary.