Litigation

Litigation

Litigation

Immigrants may be subject to multiple types of litigation, or court proceedings. Non-citizens can end up in immigration court for a number of different reasons. There are three common scenarios: (1) A person might be caught at the border trying to enter the United States illegally; (2) A person enters the country with a visa and overstays; or (3) A person may have immigration status but is put in removal proceedings because they person commit a crime. If a case does not end successfully, it may be possible to appeal the decision to a higher court. We represent clients in many different forms of immigration-based litigation.

Process

1. The removal process begins when ICE serves a Notice to Appear (NTA) on a non-citizen. The NTA contains the charges against the
non-citizen.

2. The NTA is filed with the Immigration Court and the court sends a date for a master calendar hearing. A master is like a pre-trial or a status
check. At the master, the non-citizen will be given an opportunity to find a lawyer. If the non-citizen has a lawyer, their lawyer will enter
their appearance and may enter pleadings, responding to the NTA. Depending on the type of relief sought, the attorney may file
applications, and an individual hearing will be scheduled.

3. If the non-citizen is detained, the immigration judge will conduct a bond hearing.

4. The individual hearing is on the merits of the case, meaning that if an application has been filed, the non-citizen will present their case
and the judge will make a decision on whether the non-citizen is eligible for relief from removal from the United States. The government
is represented by a trial attorney.

5. If the judge denies all forms of relief and voluntary departure, the non-citizen will be ordered removed from the U.S. The non-citizen has
30 days to file an appeal with the Board of Immigration Appeals.

Removal Defense

Removal defense is a range of legal services in immigration court and related proceedings to prevent an immigrant’s removal from the United States. We represent clients in all aspects of removal defense, including, but not limited to:

  • Consultation at a detention facility
  • Bond hearing
  • Master calendar hearing
  • Individual merits hearing
  • Stay of removal
  • Motion to reopen
  • Coordination of expert research
  • Evaluation of criminal records

Appeals

An appeal is a legal challenge of a court decision to a higher court. We represent clients in appeals before the Board of Immigration Appeals (BIA) and the First Circuit Court of Appeals.

The Board of Immigration Appeals hears appeals of immigration court denials. Appeals must be filed within 30 days of the Immigration Judge’s denial.

The First Circuit Court of Appeals hears appeals of Board of Immigration Appeals denials. Appeals must be filed within 30 days of theBoard of Immigration Appeals’s denial.

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