Immigration Removal Defense
Those confronting deportation – whether by violating or simply falling out of their legal status in the U.S. - face an intimidating uphill battle. There are countless forms that need filled out, various agencies that need to be consulted and a dizzying number of legal complications that await with every step.
No matter what they may be facing, the worst thing they can do is face this battle alone. The legal representation we offer combines decades of experience with a relentlessness in protecting our clients. Removal defense can be a complicated matter, but with the right attorney at your side you can enjoy the finest representation and better chances of returning to your life in America.
Court representation (Detained and Non Detained) Bonds
Those who are involved immigration proceedings in the United States can be released while awaiting court hearings on one of two types of bonds: detained and non-detained bonds.
Detained bonds, typically reserved for those who have committed serious crimes or have a history of immigration violations, allows defendants to be released from detention following payment of a specified amount of money set by an immigration judge or ICE.
Non Detained Bonds, more designed for those who don’t present a flight risk, allow the defendant to live with family or sponsors in the United States while awaiting their immigration court hearings. There is no cash amount for this bond, but there will typically be court mandates such as reporting to immigration authorities and attending court hearings.
Cancellation of Removal 42A and 42B
For those facing potential deportation as a consequence of breaking the law, there are two avenues to go down depending on their immigration status.
For legal permanent residents, the form 42a allows for cancellation of removal so long as they meet the following requirements: A) They have spent at least five years as a legal permanent resident; B) Have physically resided in the United States for at least seven years regardless of status; and C) have not been convicted of an aggravated felony. There is a fourth requirement that entails extensive documentation, and that is that the applicant warrants favorable discretion. Essentially, they are required to convince the court that they deserve to stay.
A 42B form serves much the same purpose, but is reserved for non-permanent residents with family in the United States. As with a 42A form, this form requires applicants to show that A) They have spent 10 continuous years in the United States; B) They have shown “good moral character” during that time; C) They have not been convicted of a serious crime; and D) That their deportation would cause excessive hardship to their family in the U.S.
Prosecutorial Discretion
While the United States Legal System is bound by a strict code of laws, there is a certain amount of discretion given to prosecutors in determining which crimes to prosecute and how. This discretion allows prosecutors to, among other things, enter into plea agreements with defendants. These plea bargains grant defendants the ability to plea to a lesser charge or plead guilty to the original charge in exchange for a reduced sentence.
This discretion not only allows prosecutors the ability to drop charges when it becomes clear that the available evidence doesn’t warrant a full trial, keeping the judicial system from being bogged down, it also helps them in securing defendant witnesses who are willing to testify in exchange for leniency. While this can help the courts run efficiently, it can potentially lead to prosecutorial misconduct and even violations of the Equal Protection Clause.
Asylum I-589
If you are not a U.S. citizen but are physically within the borders of the United States and are seeking asylum, the I-589 allows you to apply for asylum as well as for withholding of removal (formerly removal of deportation). Those who are seeking asylum must file this form within one year of arriving within the United States before they lose eligibility, however it is still possible to file a withholding.
It's important to note that you can only file if you have never been issued an A-Number. However, you can file if you have been issued an A-Number but are not in EOIR proceedings, or if you are in removal proceedings but are of have ever been an unaccompanied alien child (UAC).
Special Immigrant Juveniles (SIJs)
Commonly referred to as SIJs, special immigration juveniles is a distinct classification designed to protect juvenile foreign national who are being abused, neglected or abandoned by their parents or legal guardians, and provide them with a path to legal permanent residency. This qualification is generally granted once a court order has been determined that the child is not safe with their parents in the U.S., and would not be safe if returned to their home country.
Earning SIJ status then requires that applicant fill out a I-360 form before their 21st birthday, submitting proof of their age, a copy of the court order, and consent from the U.S. Department of Health and Human Services. Once granted, they may apply for their green card using form I-485.