What Are Removal Proceedings?
Removal proceedings (also known as deportation proceedings) is a court process initiated by the government to have an individual removed from the United States. Removal hearings are held at immigration courts. The Executive Office for Immigration Review (EOIR) is an office of the United States Department of Justice. EOIR oversees immigration courts in the United States. If one is a Respondent in removal proceedings, it is crucial to have a qualified deportation defense attorney represent you during these proceedings. Orlando Immigration Court oversees individuals throughout the central Florida area. The immigration attorneys at Mubarak Law in Orlando defend individuals in deportation proceedings throughout Florida, and nationwide.
Can You Be Deported Or Removed From The United States?
For non-US citizens there are several ways an individual may find themselves in removal (also known as deportation) proceedings. Some examples include:
- Violating your status by failing to follow the permissible activity within your visa category. For example: F-1 international student that does not attend their classes, or a tourist visa holder overstays their authorized period of stay on their I-94.
- Criminal convictions may lead to someone being charged as removable, even if this individual is a permanent resident and has a “green card.”
- Entering the country unlawfully without a proper visa, or with fraudulent documents.
How Are Removal Or Deportation Proceedings Started?
Removal proceedings begin with the Department of Homeland Security (DHS) filing a ‘Notice to Appear’ with the immigration court. This document will list factual allegations as to why the government deems it necessary to remove the foreign national from the United States, as well as include removability charges against the individual under certain clauses of law.
Defenses Or Relief To Deportation Proceedings
It is critical that a person facing removal meet with an experienced deportation defense attorney to discover all defenses or forms of relief available.
Our legal team at Mubarak Law is committed to assert any possible defenses to removability. Since the risk of facing deportation can pose a threat to you and your loved ones, it is our focus to protect your rights and fight in your best interest. If our fight is successful, the deportation case will be terminated by the court, and the process of removal canceled. Otherwise, the government will establish removability, and the individual will be ordered removed from the United States. For this reason, it is essential to have a highly experienced attorney represent you throughout the proceedings.
With each unique case, our legal team will take the time needed to assess the best course of action for you as an individual by creating a custom case plan.
Some forms of relief or defenses our immigration attorneys will evaluate include:
- Cancellation of Removal
- Withholding of Removal
- Asylum
- Adjustment of Status or Readjustment of Status
- Cancellation of removal, suspension of deportation, or similar forms of relief
- Waivers of inadmissibility or deportability
- Challenging the charges and allegations
Right to appeal: Individuals ordered removed may appeal that decision before the Board of Immigration Appeals.
Withholding Of Removal
Withholding of removal is an application or a form of relief that originated from refugee laws and the United Nations agreements. This relief can be granted to foreign nationals who don't qualify for asylum but who’s freedom or life would be threatened if they are removed and sent to their country of origin. Those granted withholding of removal technically have an order of removal that is not going to be executed due to the circumstances in the home country and the dangers for the alien. The person is able to remain in the U.S. and work renewing a work permit regularly. A foreign national granted this relief than later marries an American citizen or who’s U.S. citizen child becomes 21 won’t be able to adjust status without first reopening proceedings to get rid of this removal order.
Cancellation Of Removal
There are two forms of cancellation of removal under Immigration and Nationality Act 240A:
(a) Cancellation of removal for certain permanent residents (240A(a)); and
(b) Cancellation of removal and adjustment of status for certain nonpermanent residents (240A(b)).
Cancellation Of Removal For Certain Permanent Residents
(a) Cancellation of removal for certain permanent residents may occur in the case of an alien who is inadmissible or deportable from the United States if the alien--
(1) has been an alien lawfully admitted for permanent residence for no less than 5 years
(2) has resided in the United States continuously for 7 years after having been admitted in any status, and
(3) has not been convicted of any aggravated felony
If you are a permanent resident in removal proceedings, please contact us today. There may be other forms of relief or defenses available to you in addition to cancellation of removal.
Cancellation Of Removal And Adjustment Of Status For Certain Nonpermanent Residents
(b) Cancellation of removal and adjustment of status for nonpermanent residents may occur if the alien--
(1) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
(2) has been a person of good moral character during such period;
(3) has not been convicted of an offense under section 212(a)(2), 237(a)(3) [8 USCS 1182(a)(2), 1227(a)(2), or 1227(a)(3), (Some of the criminal activity includes, crimes involving moral turpitude, drug offenses, violent crimes, etc.. Please contact an immigration attorney if you have ANY criminal history) subject to paragraph (5) and;
(4) establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child who is a citizen of the United States or an alien lawfully admitted for permanent residence.
Contact Our Experienced Deportation Defense Attorneys in Orlando
If you need help with any type of immigration matter or need additional information regarding deportation, please do not hesitate to call us today at (407) 502-3000. You may also fill out our online form and we will get back to you shortly. We have a 24-hour emergency service and can assist you in English, Arabic, Portuguese and Spanish.
