Los Angeles Deportation Defense Lawyer
Rights and Obligations
Every individual placed into removal (deportation) court proceedings has the right to have an attorney, at no expense to the government. At all hearings, the government will be represented by an attorney. Foreign nationals in court proceedings are called “respondents.” If needed, translators are provided at no charge to the respondent. Unless otherwise directed by the judge, respondents must appear at all hearings. Failure to appear may result in an order of removal being issued against the respondent, and other penalties will be incurred as well.
Court Procedures
Proceedings are initiated by the issuance of a Notice to Appear, which explains the allegations and legal charges being made against the respondent. At the first hearing, if the respondent does not appear with an attorney, the respondent may ask for more time to obtain an attorney. These requests are typically granted, and a future date is set.
At a future hearing, the respondent, or the respondent’s attorney, will be asked to “plead.” This requires the respondent or attorney to tell the court whether or not the items listed on the Notice to Appear are true or false, as well as whether the respondent is removable under the section of law listed on this notice. The responses entered to the Notice to Appear will determine whether or not the respondent may be removed or deported from the United States. If the judge finds the respondent to be removable or deportable, the judge will inquire as to what “relief” the respondent is seeking. Relief is the term used to refer to any legal means by which the respondent may be able to legally remain in the U.S. For example, the respondent may wish to apply for political asylum which, if granted, would permit the respondent to eventually obtain a green card and acquire permanent legal status in the U.S.
Examples of Relief
One of the most common types of relief sought in court proceedings is political asylum. The respondent may be petitioned by a family member who could afford them the right to apply for a green card in court. Occasionally, the respondent may discover for the first time that they are a U.S. citizen, perhaps based on a family member’s status as a U.S. citizen. This would result in termination of removal proceedings.
Other forms of relief include domestic violence-based green card applications, 212(c) waivers, Special Rule Cancellation for Guatemalans and Salvadorians, and Cancellation of Removal.
Cancellation of Removal
There are two types of Cancellation of Removal, cancellation for Legal Permanent Residents (green card holders) and cancellation for Non-Legal Permanent Residents.
Cancellation of Removal for Legal Permanent Residents requires the respondent to prove that he or she has been a legal permanent resident for at least five-years, that the respondent has resided in the U.S. continuously for at least seven-years, and that the respondent has not been convicted of an aggravated felony. In addition, the respondent may present a variety of facts which may influence the judge’s decision, such as the existence of family ties to the U.S., a steady history of employment, or good moral character.
Cancellation of Removal for Non-Legal Permanent Residents may be obtained even if the respondent entered the U.S. illegally. However, the requirements for this form of relief are often difficult to meet. A respondent seeking this form of relief must prove that he or she has been physically present in the U.S. for at least ten continuous years, that he or she is a person of good moral character, that he or she has not been convicted or certain offenses or crimes, that he or she has a legal permanent resident or U.S. citizen spouse, parent or child, and that this family member would suffer exceptional and extremely unusual hardship if the respondent were to be removed from the U.S. This hardship standard is the highest such standard in immigration law and often presents a hurdle which is very difficult to overcome. Those respondents who have family members with serious health problems, for example, have a better chance of obtaining this type of relief.
FAQs
1. I applied for political asylum two months ago. What will happen if they do not approve my application? Can I apply again?
If your application is not approved, you will be automatically referred to immigration court where you will have the opportunity to apply again before an immigration judge. All unapproved asylum applications are referred to court.
2. I missed my court hearing because my car broke down on the way to court. The judge ordered me to leave the country. What can I do now?
You must file a motion to reopen your case within 180 days of the judge’s removal order. If the judge determines that exceptional circumstances caused you to miss your hearing, he or she may reopen the case and allow you an opportunity to file for relief. If your case is not reopened, you will have a final order of removal and will remain required to leave the U.S.
3. My brother was arrested for possession of 20 grams of marijuana and convicted of the same. He is being held by immigration. Is he eligible for bond?
Yes. The immigration judge has the discretion to release him from jail.
4. I do not speak English well. Do I have to bring an interpreter to court?
No. An interpreter will be provided for you at no cost.
5. I am in court proceedings right now and I just got married to a U.S. citizen. Can I apply for my green card? I entered on a tourist visa in 2005.
Yes. You may present your green card application to the judge. Your husband must first present a petition to USCIS for adjudication.
6. If the immigration judge orders me to leave the country, do I have to leave right away?
No. Every respondent has the right to appeal their case. You must “reserve” your right to appeal before the immigration judge by stating so. You then must file your appeal before the Board of Immigration Appeals within 30 days of the judge’s decision.
The information contained on this page is for general informational purposes only and is not to be construed as legal advice.
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