Deportation Defense

Deportation Defense

In these difficult times, it is important to have a deportation defense lawyer who is on your side, up to date on the latest policies and laws, ready to act quick to protect you or your loved ones.  Attorney Shapiro and her team are dedicated and up to date on what is happening and ready to fight for immigrations’ rights and specialize in difficult and complex litigation.

Removal Proceedings Overview 

When the Department of Homeland Security seeks to deport a non-citizen from the United States, they are placed into what is called removal proceedings.

  1. To start the process, DHS serves the individual with a document called a Notice to Appear that sets out the factual allegations and charges against them that make them removable from the United States.
  2. The person is scheduled for a Master Calendar Hearing. This hearing is the first appearance before an Immigration Judge. This is generally a quick hearing that is similar to an arraignment in criminal courts. The judge will confirm the non-citizen’s basic information. If the non-citizen does not have an attorney, and wishes to find one, sometimes the judge will set down another date so give the person that opportunity.  Non-citizens have a right to be represented at their own expense.
  3. The non-citizen must enter Pleadings, which are responses to the allegations and charges in the Notice to Appear. In the pleadings, the non-citizen must also indicate what, if any, forms of relief they are seeking. This means, what types of applications they plan to submit with the court, such as asylum, cancellation of removal, adjustment of status, or others.
  4. The judge will then schedule an Individual Hearing date. The individual hearing is the final hearing– a trial, where the non-citizen has the opportunity to present evidence, testimony, and arguments. During this hearing, there is an attorney representing the Department of Homeland Security.
  5. Decision– At the end of the hearing, the judge will either enter a decision orally, send a written decision, or schedule a time for the parties to appear to give an oral decision. If the judge approves the case, that is the conclusion of the removal proceedings. If the judge denies the case, the non-citizen has 30 days to file an appeal with the Board of Immigration Appeals.

A #- The A #, Alien Registration Number  is a nine digit number used to track the non-citizen’s case. This number can be found on the Notice to Appear, court documents, on employment authorization documents, or receipts for certain types of applications.

Keep Information Up to Date with the Court 

  • Change of address: It is important that the non-citizen keeps their address up to date with the court to ensure that they receive all court notices and documents. To change an address with the court, a non-citizen may do so online.

Attending the Court Hearing 

  • You must attend your hearing: If a non-citizen does not show up for their hearing, they will be ordered removed in their absence.
  • How to attend the court hearing: Follow the instructions on the hearing notice. When a hearing is scheduled, a non-citizen will receive a Notice of Hearing letter from the court. On the notice, it indicates the date, time, place, and name of the judge for the hearing. The notice also indicates if the hearing will be conducted in person or on video using Webex, providing a link for the assigned judge.
  • Verify that the information you have is correct: Oftentimes, for a variety of reasons, the date of the hearing indicated on the hearing notice or the Notice to Appear may change. To confirm the information, you can check the Automatic Case Information system or call 1-800-898-7180.

Some Services We Offer in Court: 

Adjustment of Status, including via:

the Cuban Adjustment Act, the Nicaraguan Adjustment and Central American Relief Act (NACARA), Special Immigrant Juvenile Status, and the Violence Against Women Act

Asylum

Bond

Cancellation of Removal

Motions, including

Motions to Continue, to Terminate Proceedings, and to Reopen.

Review of Denied I-751, Petition to Removal Conditions on Residence

Voluntary Departure

Waivers under Immigration and Nationality Act former section 212(c) and 212(h)

Withholding of Removal and Protection under the Convention Against Torture

 

 

 

LET OUR EXPERIENCE BE YOUR GUIDE