Removal/Deportation Proceedings

Being placed in removal/deportation proceedings is often an immigrant’s biggest fear.  The government can initiate removal proceedings against non-citizens, including legal permanent residents (i.e. green card holders) under various circumstances.  With limited exceptions, most individuals placed in removal proceedings can have their case heard before an Immigration Judge.  This is the immigrant’s last opportunity to convince the Judge that he or she should be allowed to stay in this country.  Hiring an experienced immigration attorney is crucial in these cases, as the government attorney’s job is to convince the Immigration Judge that the immigrant should be removed from this country.

There are various forms or relief available in immigration court, depending on the details of the individual case.  If the immigrant is successful, he or she will be able to remain in the country.  Some forms of relief available in immigration court include:

• Non-LPR Cancellation of Removal
• LPR Cancellation of Removal
• Naturalization in proceedings
• Family Petitions
• Adjustment of Status
•  U Visa/T Visa
• VAWA 
• Asylum/Withholding of Removal
• Administrative Closure/Termination of Proceedings

If the immigrant loses his or her case before the Immigration Judge, there is an opportunity to appeal the Immigration Judge’s decision to the Board of Immigration Appeals and subsequently to the federal courts.  However, there are strict deadlines that apply in these cases, so it is important to act promptly.