Immigration Court Defense

Immigration Court Process (“Removal Proceedings”) & Detention of Immigrants

The United States Department of Homeland Security (“DHS”) has the power to arrest anyone who is present in the United States without documentation.

Initial Attorney Visits to Immigrants Detained by Immigration

When an immigrant is detained by the Department of Homeland Security, the Immigration Court Process will usually begin within two or three weeks of the date that the immigrant is detained.

Immigration Bond

In the United States, when a person is accused of a crime and detained, the criminal court or the relevant law enforcement agency almost always offer the defendant the opportunity to pay “bond” and to be released from custody, and to fight their case by voluntarily returning and participating in proceedings.

 

Asylum

Asylum is a way that the United States, like many other countries around the world, protects new immigrants from dangers, harms, or persecutions that they may have suffered in their home countries.

Withholding of Removal

There is another type of benefit that is similar to Asylum called “Withholding of Removal”, but is only available in limited circumstances, and it is much harder to win approval.

Cancellation of Removal for Nonpermanent Residents

“Cancellation of Removal” is just what it sounds like… it is a way for someone in Immigration Court Removal Proceedings to “cancel” the deportation, and to obtain legal permanent resident status.

Cancellation of Removal for Permanent Residents

If a person is a legal permanent resident (green card holder) in the United States, it is possible to lose that status if the person abandons their permanent resident status, or if he or she commits certain criminal acts or otherwise violates U.S. immigration law.

Voluntary Departure

If an immigrant is placed in Removal Proceedings, he or she may have the option of applying to an Immigration Judge for a particular benefit referred to as “voluntary departure.”

Lessons from the Past

A nation is formed by the willingness of each of us to share in the responsibility for upholding the common good.

Barbara Jordan

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