Deportation and Removal cases are of the most complicated immigration matters one could have. Essentially, one has already been placed in removal proceedings and must appear in Immigration Court before a judge and convince the court how and why he or she may be eligible for relief from removal/deportation from the United States. This is the very job of a deportation lawyer. The deportation attorney should adequately know the facts surrounding your immigration history and the eligibility for any applicable immigration benefits.
Finding a deportation lawyer can be a daunting process. There are deportation lawyers everywhere from New York City, New York to Los Angeles, California and choosing one who will serve your best interests can seem like a gamble. If your case in New York City, it is highly advisable to find a deportation lawyer in NYC. A NYC deportation attorney would already be familiar with the processes, judges and procedures of the New York Immigration Court. However, even if your case is not in New York City, there is a strong likelihood that a NYC deportation lawyer would be more experienced, given the amount of immigration cases being adjudicated in New York City. Therefore, it may be a wise decision to seek an immigration lawyer located in New York City regardless of where your case may be held.
It is very important that the lawyer representing you in your deportation or removal case understand you as you explain your immigration history. A deportation lawyer may be unaware of the grave circumstances of one's home country and therefore not even consider certain forms of immigration benefits that you may be eligible for or entitled to. This is where the commitment of the deportation lawyer is most significant. The attorney should be diligent in researching country conditions, establishing hardships and determining what forms of relief are available to you. This also hinges on the competence of the deportation attorney when researching or applying the law.
For example, an application for immigration benefits based on marriage to a United States citizen, although not easy by any means, is much less complicated than having to attend immigration court hearings, file motions with the court, provide expert witnesses and follow the strict requests of both trial attorneys and the immigration judge. Make sure the deportation lawyer you have chosen to represent you is experienced, competent and committed to your case.
One of the most difficult and highly complex areas of immigration law is Removal Proceedings, formerly known as Deportation Proceedings. Often an individual’s most important rights are at stake in these proceedings – their ability to live and work in the United States is at jeopardy. Their ability to come back to this country, or for that matter, even visit this country is often called into question, sometime for long periods of time, often for the duration of these individuals’ lives.
In general, an appeal is an application – mostly in writing – to the authority, which oversees the decision maker. For obvious reasons, an appeal is made by the party unhappy or unsettled with the result of litigation. Depending on the nature of the litigation, the institution to which the appeal is addressed might be a different department within the same administrative agency that made the original decision, a different administrative agency or court of higher authority.
Immigration detention is a form of taking into custody of individuals who are not citizens of the United States, suspected or charged with immigration violations. In essence, it is the only form of liberty restriction in the USA imposed by an inherently civil branch of the U.S. jurisprudence, or so immigration law is identified by Congress. According to the AACLU” Immigration Detention in the United States has reached crisis proportions.” In 2011 alone, the Department of Homeland Security (DHS) detained and or held detained 429,000 noncitizens in over 250 facilities nationwide.
Our immigration system disfavors foreigners who commit crimes. The common wisdom is that criminals should be afforded an opportunity to build a life in the United States. The Congress made sure that this wisdom is reflected in the Immigration and Nationality Act (INA) the primary law which governs immigration to and removal from the United States.
