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Deportation and Removal Prevention

The Law Offices of Harry DeMell has provided professional services to defend against deportation and removal of aliens from the United States for 29 years. Mr DeMell has defended aliens from removal, and he is experienced in the area of criminal deportation. Among the services provided include:

Representation in any Immigration Court in the United States and at the Board
of Immigration Appeals
Appeals to the Federal District Courts, Courts of Appeal and the Supreme Court
of the United States
Assistance to criminal defense attorneys concerning the immigration
consequences of convictions.

The Removal Process
Note:This summarizes the most common types of immigration court proceedings. These descriptions are not fully inclusive and do not encompass the many regulatory and court interpretations that may have bearing on the following information. Also, the descriptions that are subject to change since Congress may legislate new laws. Accordingly, the summaries are intended only to assist the public's general understanding of the types of
immigration court proceedings.

Within the U.S. Department of Justice, more than 200 Immigration Judges located in 53 Immigration Courts nationwide conduct proceedings and decide individual removal cases. Removal proceedings account for approximately 80 percent of Immigration Judges' caseload. Federal rules of evidence are inapplicable in Immigration Court; thus, an Immigration Judge has greater authority to consider most kinds of evidence in deciding a case. The types of proceedings an Immigration Judge may preside over are briefly discussed below.

Removal Hearings
Removal hearings are conducted to determine whether certain aliens are subject to removal from the country. The distinction between exclusion and deportation proceedings has been eliminated, and aliens subject to removal from the United States are now all placed in removal proceedings. Thus, the removal proceeding is now generally the sole procedure for determining whether an alien is inadmissible, deportable, or eligible for relief from removal.
The Department of Homeland Security (DHS), which absorbed the functions of the Immigration and Naturalization Service (INS), is responsible for commencing a removal proceeding. If the DHS alleges a violation of immigration laws, it has the discretion to "serve" the alien with a charging document, known as a Notice to Appear. This document orders the individual to appear before an Immigration Judge, and advises him or her of, among other things:

Nature of the proceedings against the individual;
Individual's alleged acts that violated the law;
Individual's right to an attorney; and
Consequences of failing to appear at scheduled hearings.

Removal proceedings generally require an Immigration Judge to make two findings: (1) a determination of the alien's removability from the United States, and (2) whether the alien is eligible for a form of relief from removal. For more information on the types of relief available to an alien, please contact our office.

Bond Redetermination Hearings
An Immigration Judge conducts a bond redetermination hearing for aliens who are in DHS detention. The alien makes a request to the Immigration Judge to lower or eliminate the amount of the bond set by the DHS. These hearings are generally informal and are not a part of the removal proceedings. This decision can be appealed (by either the alien or by DHS) to the Board of Immigration Appeals (BIA).

Withholding-Only Hearing
An Immigration Judge conducts a withholding-only hearing to determine whether an alien who has been ordered removed is eligible for withholding of removal under U.S. law or the U.N. Convention against Torture (CAT). For more on asylum contact our office.

Forms of Relief From Removal
Below is a summary of the most frequently requested forms of relief that are available to an alien who has been found to be removable. These descriptions are not fully inclusive, and are subject to change since Congress may legislate new laws.

Discretionary Relief
Once an alien in proceedings is found to be removable, he or she, if eligible, may request one or more types of discretionary relief. This section describes some types of discretionary relief that are available during a hearing; administrative relief and judicial review after a hearing is completed are discussed below. The alien has the burden of proving that he or she is eligible for relief under the law, and usually that he or she deserves such relief as an
exercise of discretion.

Voluntary Departure -- Voluntary departure is the most common form of relief from removal and may be granted by Immigration Judges, as well as the Department of Homeland Security (DHS), which absorbed the functions of the former Immigration and Naturalization Service. Voluntary departure avoids the stigma of formal removal by allowing an otherwise removable alien to depart the United States at his or her own personal expense and return to his or her home country, or another country if the individual can secure an entry there. It is important to note that aliens granted voluntary departure must depart within the time specified by the Immigration Judge. Although an Immigration Judge has the discretion to set a shorter deadline, aliens granted voluntary departure prior to the completion of removal proceedings must depart within 120 days, and those granted such relief at the conclusion of removal proceedings must depart within 60 days. In addition, in order to avoid being penalized for choosing to appeal a decision rather than depart, the Board of Immigration Appeals (BIA) usually will extend an earlier grant of voluntary departure for 30 days. As with other forms of discretionary relief, certain individuals will be found ineligible for voluntary departure, and those granted voluntary departure who fail to depart are subject to fines and a 10-year period of ineligibility for other forms of relief.

Cancellation of Removal -- This form of discretionary relief is available to qualifying lawful permanent residents and qualifying non-permanent residents. For lawful permanent residents, cancellation of removal may be granted if the individual:

Has been a lawful permanent resident for at least 5 years;
Has continuously resided in the United States for at least 7 years after having been lawfully admitted; and
Has not been convicted of an "aggravated felony," a term that is more broadly defined within immigration law than the application of the term "felony" in
non-immigration settings.

Cancellation of removal for non-permanent residents may be granted if the alien:

Has been continuously present for at least 10 years;
Has been a person of good moral character during that time;
Has not been convicted of an offense that would make him or her removable; and
Demonstrates that removal would result in exceptional and extremely unusual hardship to his or her immediate family members (limited to the alien's spouse, parent, or child) who are either U.S. citizens or lawful permanent residents.

It is important to note that different standards are used in determining eligibility for
victims of domestic violence.

Asylum -- Under the Immigration and Nationality Act, the Attorney General may, in his discretion, grant asylum to an alien who qualifies as a "refugee." Generally, this requires that the asylum applicant demonstrate an inability to return to his or her home country because of past persecution or a well-founded fear of future persecution based upon his or her race, religion, nationality, membership in a particular social group, or political opinion. However, an alien may be ineligible for asylum under certain circumstances, including having failed to file an asylum application within an alien's first year of arrival in the United States, being convicted of an aggravated felony, or having been found to be a danger to national security. Similar forms of relief are Withholding of Removal and applications under the U.N. Convention
Against Torture (CAT).

For Further Information about Deportation Prevention and The Removal Process
Contact The Law Offices of Harry DeMell