Being placed in removal proceedings can be a frightening and stressful experience. Often, the person who has been placed in removal proceedings has established a home in the United States and does not want to return to his or her home country. Fortunately, there are multiple defenses to removal which may be used not only to allow the person to remain in the United States during the duration of the proceedings, but also to establish a legalized status in the United States.
When an alien is picked up by Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP), they are often placed in immigration detention. If that person chooses to defend their case in removal proceedings they could remain in detention for the duration of those proceedings, which could take up to two years.
However, in many cases the alien is eligible to be released from detention on bond. If the alien is eligible for release on bond, he or she would pay the bond amount and be allowed to remain outside of custody for the duration of the removal proceedings. Sometimes the person may be released on his or her "own recognizance," which means that the alien does not have to pay a bond to be released.
If you have a family member or friend who is currently being held in immigration detention, please contact us. One of our attorneys will discuss the case with you and determine whether or not your family member or friend is eligible for release. If your family member or friend is eligible for release, one of our attorneys will assist you in obtaining a bond hearing and preparing all of the documentation necessary for the hearing.
Cancellation of Removal
Cancellation of Removal can be used to end removal proceedings against a Legal Permanent Resident, a person who is not a Legal Permanent Resident, or a victim of domestic violence or abuse. If Cancellation of Removal is granted, the judge will allow the alien to remain in the United States and, in the case of a person who is not a Legal Permanent Resident, the judge will grant that person permanent residence. A Cancellation of Removal case can take one to two years to complete. During this time, the alien is eligible to receive their Employment Authorization, which will allow them to obtain a social security number, request a driver's license, and work legally during the duration of their proceedings.
There are various requirements that a person must meet in order to qualify for Cancellation of Removal. Often, those requirements can be difficult to prove, depending on your situation. If you have been placed in removal proceedings, you should consult with one of our attorneys about the possibility of applying for Cancellation of Removal. Our attorneys will carefully evaluate your case to determine whether you are eligible for this option.
Prosecutorial Discretion is a procedure that the government attorneys and the immigration officials have only recently begun to use. Prosecutorial discretion gives the government attorneys and immigration officials the option to terminate the case against an alien if they believe that the alien is not a threat to society and has been on good behavior since entering the country. The factors that should be used in determining whether or not to grant prosecutorial discretion include how long the person has lived in the United States, whether the person has any criminal convictions, and the person's ties to the community, among many other factors.
If you think that you or someone you know may be eligible for prosecutorial discretion, please contact us. One of our attorneys will review your case and determine whether or not you may be eligible for prosecutorial discretion.