Removal defense involves representing and advocating for foreign nationals who face deportation or removal proceedings in the United States. The foreign national is issued a Notice to Appear in Immigration Court listing the charges as to why they are removable or deportable. This Notice to Appear is issued by the Department of Homeland Security or “DHS”. Once DHS files the Notice to Appear with the Immigration Court, the foreign national will receive an Immigration Court Hearing notice telling them to appear before an Immigration Judge on a certain date. It is extremely important for the foreign national to appear for their Immigration Court Hearing. If you do not show up, the Immigration Judge will issue an order of removal in abstentia. This has serious consequences as you will be barred from applying to any discretionary relief under the Immigration and Nationality Act for a period of 10 years. There are very limited exceptions to this rule.
Additionally, relief before the Immigration Court in Removal Proceedings is limited. Once the person is found to be removable, he or she, may request one or more types of discretionary relief. This includes, but is not limited to the following:
- Withholding of Removal;
- Withholding of Removal under the Convention Against Torture;
- Cancellation of Removal for Legal Permanent Residents or for Non-Legal permanent Residents;
- Adjustment of Status;
- Voluntary Departure;
- Termination of Removal Proceedings.
Other types of Hearings and reviews before the Immigration Court include:
- Bond Proceedings: to determine whether to set a bond amount in the absence of DHS setting one, or to change a bond amount DHS has already set, or for Detained foreign Nationals
- Rescission Hearings: to determine whether a person’s status as a Legal permanent Resident should be revoked;
- Credible/Reasonable Fear Review: an Immigration Judge may review an asylum officer’s negative credible fear finding or negative reasonable fear finding.
Our firm can represent you before the Immigration Court and assist you in preparing your case. It is important that you hire an experienced immigration attorney to represent you as it is the foreign national’s burden to prover their claim.