Bond, Removal & Deportation Defense

For many, detention and the commencement of deportation proceedings (now called removal) arise suddenly in the context of a local arrest or border crossing. Some individuals are detained temporarily and require an attorney to assist them with procuring bond. Other individuals (mandatory detainees) are not eligible for bond. In addition to concerns about bond, the primary concern is always whether you qualify for a defense to immigration removal proceedings that will permit you to remain in the U.S.

How do I know that I’m in removal proceedings?

Immigration removal proceedings are commenced by the filing of a Notice to Appear (“NTA”), the service of which is normally accomplished while the immigrant is in custody, either as a recent arrival or because he has been identified as meeting certain agency priorities.

Who is placed in removal proceedings?

The immigration history of individuals identified for removal proceedings depends on agency priorities at the time of detention and/or commencement of removal proceedings. These change frequently but as a rule, individuals who are caught by Customs and Border Patrol upon entry to the U.S. are supposed to be placed in removal proceedings, as are individuals who are denied removal of conditions on permanent residence and asylum applicants who are denied relief by USCIS while out of status. In addition to these groups of statutorily-mandated removals, ICE may also identify certain individuals with criminal history for removal from the U.S.

How long do removal proceedings last?

Removal proceedings may last a few months or a few years. Children’s cases are often resolved quickly, as are cases involving eligibility for relief from USCIS such as U visas. How long the proceedings last depends entirely on the court’s docket and availability and the immigrant’s eligibility for relief.

What is non-lawful permanent residence cancellation of removal?

For individuals who did not encounter border patrol upon entry but were identified by Immigration and Customs Enforcement (ICE) years later, we first look to see if they are eligible for Non-Lawful Permanent Residence Cancellation of Removal. Generally, eligible immigrants must have lived in the United States for ten years before being issued a Notice to Appear in immigration court, and have a U.S. citizen parent, spouse or child who would suffer extreme hardship if the immigrant was removed. The immigrant must also have good moral character and may not have certain criminal history that would disqualify them.

What is lawful permanent residence cancellation of removal?

Lawful permanent residents–those who already have their green cards through family, employment or some other basis of eligibility–may also qualify for a type of cancellation of removal proceedings. LPR Cancellation requires an immigrant in removal proceedings to have been a lawful permanent resident for at least the last five years and to have lived continuously in the U.S. for at least seven years after having been legally admitted, and without having committed certain crimes.

What is prosecutorial discretion?

Those individuals who do not qualify for cancellation of removal or another remedy may be eligible for consideration by the government for prosecutorial discretion. Prosecutorial discretion, simply put, is the government’s ability to determine how it prosecutes a particular case. Most commonly, we seek this remedy where the individual does not qualify for permanent relief from removal like cancellation but does demonstrate a considerable number of equities in favor of the immigrant remaining in the U. S. Prosecutorial discretion is not guaranteed, and it requires substantial supporting documentation. If granted, it usually results in the administrative closure of the removal case and the immigrant returns to her prior undocumented status, often without the benefit of work authorization.

What other options are available to remain in the U.S.?

Some individuals in removal proceedings are eligible for asylum, special immigrant juvenile status, permanent residence through family, U visas or other relief. Eligibility and success depends on the facts of each case.

Can I get a work permit while I await my case’s adjudication?

If an individual is eligible for cancellation of removal we will apply for your work authorization once the petition is submitted. USCIS will require biometrics and the average processing time from filing to work authorization is three to four months. Individuals whose sole remedy is prosecutorial discretion are generally not eligible for work authorization.

Do I need an attorney for removal proceedings?

Because eligibility and success in the case turns on a variety of nuanced legal determinations, you do need a competent attorney to assist you.

Working with Poarch Law on Removal Defense

At Poarch Law, we have worked for years successfully defending immigrants from the difficult, family-wrenching consequences of removal from the U.S. We consult carefully with the immigrant in proceedings and their family to understand the nuanced facts of their immigration history, and we work diligently to find the best removal defense.

Each case is assigned an attorney and paralegal who support and manage the removal case from initial intake to conclusion. Your Poarch Law team will send you easy-to-read checklists, track deadlines, answer questions, and ensure that your submissions are timely received by the court. Although most cases are successful, not every case can be. Removal defense is difficult and depends on the changing interpretation of laws by the courts, the involved immigration agencies, and Congress. At Poarch Law, we don’t take cases where the only option is to accept removal from the U.S., we fight hard to win our clients relief from removal, and we offer payment plans to make removal cases affordable.