What is Removal?

Formerly known as “deportation,” removal is a process by which foreign nationals are compelled to leave the United States. The Department of Homeland Security may initiate removal proceedings for a wide variety of reasons. The removal process includes court hearings during which respondents are entitled to have legal representation at their own expense.

People who are in the United States without legal status are subject to removal proceedings at any time. Length of residence and family ties will not preclude the institution of proceedings. Legal permanent residents are also subject to removal.

In most cases, persons subject to removal have some basic due process rights, including the right to obtain a lawyer at their own expense, the right to have a hearing before an administrative law judge and the right to request that the court grant whatever relief is available.

Cancellation of Removal for Residents and Non-Residents

Permanent and non-permanent residents who are in removal proceedings may qualify for relief from removal through the “cancellation of removal” process. Cancellation requests are granted on a case-by-case basis and the criteria for granting of these pardons varies depending on whether the respondent is a lawful permanent resident or a non-resident.

If you or someone you know is under proceedings, please feel free to contact our office at 623-505-0940 for a professional consultation.

Voluntary Departure

Voluntary departure is a “gentler” method of removal by which foreign nationals who face removal may leave the United States on their own voluntarily within a specified time frame. Foreign nationals who are granted the privilege of voluntary departure may return to the U.S. after returning to their home countries under certain circumstances and after the passage of time. Individuals who are granted voluntary departure should retain all records of their removal, including airline tickets and receipts of surrendered visas.

Motions to Reopen and Reconsider

If the deportation order or other type of denial of your case happened less than 90 days ago, your lawyer can file a motion to reopen your case, in some instances you are required to file a motion to reopen within 30 days after your case was denied.

It is also important to reopen your case to avoid being deported on a previous deportation order. If you had a deportation order from the past whether you knew about it or not, you can be deported anytime without opportunity to defend your immigration case before an immigration judge.

In some instances, a Motion to Reconsider new evidence or claims is required on your case. These motions are time sensitive as well, however, the time limit may be flexible if there is new evidence found that was not obtainable at the time of your hearing.

BIA and Appeals

A denial of an immigration case can be devastating to individuals and their families. In some cases, an appeal of the Immigration Judge’s decision may be available. If you feel that there is new crucial evidence in your case that was previously unavailable even if you diligently searched for it or if you feel that your immigration judge or your lawyer made serious mistakes in your case that caused you to lose your case, you may have reasons to appeal the judge’s decision.

If you decide to appeal the immigration judge’s decision in your case, you have to do so within 30 days of the order or lose your right to appeal.

We prepare appeals to the Board of Immigration Appeals and appeals from the administrative decisions of the United States Citizenship and Immigration Services.