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Immigration Law / Deportation Defense
Non-citizens who overstay a visa or who enter the U.S. without permission of the government will likely receive a notice to appear in Immigration Court for a “master calendar” hearing. Persons convicted of crimes involving moral turpitude, aggravated felonies, as well as crimes involving controlled substances, domestic violence, or firearms, among others, will be taken into custody by Immigration and Customs Enforcement (“ICE”). Frequently this is done by way of an immigration detainer (“immigration hold”) placed on a person already in state or local custody.
Depending on the type of crime involved and the length of sentence imposed, a respondent in immigration court might be eligible for release on bond. If ICE refuses to set a bond amount, or sets it too high, a respondent has the right to request a reduction in the bond amount from an Immigration Judge. The judge will determine if the respondent is a flight risk or a danger to the community, after reviewing the nature of the conviction and any evidence presented by the respondent, typically including length of residency, employment, property ownership, family ties in the area, and the availability of relief from deportation.
Frequently inmates who are taken into custody by ICE because of an immigration hold will be sent to facilities far away from their home. Many respondents from California find themselves being held in Eloy, Arizona, even though they might have no relatives or ties to Arizona. In such cases the respondent should apply for bond and file a motion to change venue. If a motion to change venue is granted, the case will be transferred to the Immigration Court closest to the respondent’s home.
Whether the respondent is put in removal proceedings as a result of a conviction or simply because of a lack of valid status, the crucial next step is to determine if any relief is available. Examples of relief are adjustment of status in proceedings (Forms I-130 and I-485), asylum or withholding of removal (Form I-589), and cancellation of removal (Form EOIR-42B). It is not enough to show that the respondent is a good person or has been in the United States a long time. If a respondent succeeds in obtaining relief from removal/deportation, he or she is allowed to remain in the United States and work and in most cases receives permanent resident status immediately (asylees must wait one year to apply).
If no relief is available or if the immigration judge denies an application for relief, a respondent should seek voluntary departure. If granted, voluntary departure allows the respondent to remain in the U.S. for up to 120 days if he or she leaves at his or her own expense. Voluntary departure is not a deportation, making it easier for some non-citizens to return to the U.S. legally.
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 (510) 558-1230
(415) 434-1230
(925) 939-1230
(707) 647-2191
(916) 443-4100 |
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