DEPORTATION AND REMOVAL DEFENSE
Deportation defense, also referred to as removal defense, is an area of Immigration Law which concentrates on defending a person from being deported from the United States. Deportation cases are incredibly complex and require the assistance of an immigration attorney with expertise in assisting individuals seek relief from removal.
The most important information our office needs to gather at the beginning of a potential deportation case is the following:
– Did the person commit a crime?
– What crime did the person commit and when?
– When was the person convicted? What was the sentence?
– Does the person have any prior convictions?
– Is the person detained and given a Notice to Appear by DHS?
– When did the person come to the U.S.?
– Is the person a permanent resident? If so, when was the permanent residence status obtained?
– Are the person’s parents or grandparents U.S. citizens? When did they become citizens?
– What is the immigration status of the individual’s spouse and children?
– Has the person ever been in removal, deportation or exclusion proceedings before?
– Did the person have any long absences from the U.S. (2 months or more) since arrival?
When avoiding removal is possible, Kalandarov Law PLLC will explain in great detail the chances of success, and provide separate fees for different phases of the case. When removal is unavoidable, and/or the only relief is voluntary departure to avoid a removal order, we are available to accompany our clients to their Immigration Court hearings and request the best possible relief.
Withholding of Removal: At Kalandarov Law, PLLC we have expertise in the area of withholding of removal cases as well as relief pursuant to the Convention Against Torture (CAT relief). We also work closely with criminal defense attorneys to evaluate potential plea bargains to avoid DHS charges and to maximize a non-citizen’s chance for relief from removal. Kalandarov Law, PLLC is available to advise clients and criminal defense attorneys of the immigration consequences of criminal convictions.
Stay of removal: As a non-citizen facing deportation, you may want to postpone removal while you attempt to get your case reopened or reconsidered.
A stay of deportation is an order issued directly to the Department of Homeland Security to refrain from removing an immigrant from the United States. It can be granted from the Board of Immigration Appeals (BIA) or from a Federal Court. In the alternative, an alien can apply with ICE for an administrative I-246 stay of removal.
Anyone with a final order of removal or deportation can apply for an ICE stay of removal and pay a $155.00 application fee. The ICE stay of removal must be filed in person at a local ICE Office and cannot be mailed or faxed to ICE. ICE will take about 90 days to make a decision on the stay of removal request. If ICE grants the stay, the alien will be allowed to stay in the U.S. for up to one year. The stay must be renewed every year by filing a new I-246 application. So long as the alien continues to report as required to ICE and does not commit any new crimes, ICE should not attempt to detain or deport them. On the contrary, if the stay is denied, the alien must be prepared that at the next or any subsequent appointment, ICE will require him/her to either depart the U.S. on his/her own, or he/she may be detained and deported.
BIA stay of removal: An automatic stay of removal is granted when a timely appeal to the BIA is filed against an immigration judge’s decision. The BIA may also grant a stay of removal when a change in law affects an individual’s removability.
The filing of a motion to reopen or to reconsider does not trigger an automatic stay of removal, unless the motion to reopen is against the deportation order entered in absentia.
If you have been detained, you have an action pending before the BIA, or you are in danger of being immediately deported, your attorney may request an emergency stay of removal from the BIA. Once the courts have received the stay request, they are faced with an emergency situation in which the stay request must be given immediate attention and priority over other work. An emergency stay of removal can only be sought if you are in physical custody of DHS and facing immediate removal. The BIA entertains motions for stay of removal during business hours, and in extreme situations, your immigration attorney can seek a stay of removal by telephone.
Federal court stay of removal: Filing a petition for review of a removal order does not automatically stay the petitioner’s removal from the United States. However, the Courts of Appeals may issue a judicial stay of removal to prevent U.S. Immigration and Customs Enforcement (ICE) officers from deporting a person while his/her petition for review is pending before the court.
The criteria for granting a stay of removal pending Circuit Court review are:
-A likelihood of success of the merit;
-Irreparable harm if the stay is not granted;
-The potential harm to the movant outweigh the harm to the opposing party if the stay is not granted, and;
-The stay of removal would serve public interest
-The Federal Rules of Appellate Procedure require that a stay of removal must have been previously sought with the BIA, unless it can be demonstrated that it would be impracticable.
If you or your loved one is facing deportation, do not wait until receiving an immigration hearing date! Contact Kalandarov Law PLLC as soon as the possibility of removal arises. CONTACT US FOR FREE CONSULTATION