Deportation/Removal Proceedings

Deportation and Removal are the procedures by which the U.S. Department of Justice and the Department of Homeland Security (DHS) attempt to deport/remove non-citizens from the United States.

The DHS has the authority to deport non-citizens who:

• Are residing in the U.S. without authorization
• Have overstayed or otherwise violated the terms of their visas
• Have committed certain criminal offenses

Important Note: Lawful permanent residents can also be subject to deportation/removal. This is often due to certain criminal convictions.

If an individual is taken into DHS custody while in the United States, they usually have the right to request a hearing before an Immigration Judge. Certain individuals who have illegally reentered the United States after an order of deportation or removal may not be entitled to request a hearing before an Immigration Judge. Furthermore, individuals who are apprehended at the border are not always allowed such a hearing.

If an individual requests a hearing before an Immigration Judge, they can request a bond hearing and also request to apply for certain forms of relief to prevent deportation. These forms of relief often include:

• Cancellation of removal for certain nonpermanent residents
• Cancellation of removal of lawful permanent residents
• Adjustment of status
• Asylum
• Voluntary departure

Deportation is a serious matter that can affect an individual’s future in the United States. Due to the complexity of the laws and consequences of deportation we advise individuals to seek representation and assistance for deportation matters.

Our office can be retained to assist individuals at any stage of the deportation process. Please contact us and see how to schedule a consultation to discuss the case and fees associated with this issue.

Immigration Court (Executive Office for Immigration Review)

When an individual requests a hearing with the Immigration Court they have the right to be represented by an attorney. This representation must be at no expense to the Government. The Immigration Judge should inform the individual of their right to have representation. Often times the case can be continued if the individual requests time to find representation.

There are numerous immigration court locations throughout the United States. The Court having jurisdiction over our location in Nebraska is located in Chicago, Illinois. Hearings are held in Council Bluffs, Iowa, which is a short distance from Omaha, Nebraska.

We have experience in several Immigration Court locations.

The Immigration Court having jurisdiction over an individual is determined either by the location where the individual is taken into DHS custody, or where the individual resides.

Our office is willing to represent individuals where venue is outside of the Chicago, Illinois jurisdiction. There is also the option to request that venue be changed to Chicago, Illinois. Our office has been successful in doing this on numerous occasions.

Board of Immigration Appeals

Should the Immigration Judge deny the individual’s requested form of relief the individual has the option to appeal the decision to the Board of Immigration Appeals (“BIA”).

The individual has thirty (30) days from the Immigration Judge’s decision to file the appeal. Once the appeal is filed, the BIA will issue a briefing schedule. After the issuance of the briefing schedule the individual will then have twenty (21) days to prepare and submit a brief in support of their appeal.

The time from the filing of the appeal to the issuance of a briefing schedule can take six (6) months to a year. After the brief is filed with the BIA, it has been our experience it will take about one year to receive a decision. The time frame is shorter for individuals who are in DHS custody during the processing of their appeal.

We can help…

Our office can assist the individual at any stage of the appellate process. The individual can have our office handle the case from start to finish. We can prepare the proper forms and the brief to file with the BIA and serve upon the DHS. Contact us today.

Federal Court

In the event the BIA denies an individual’s appeal it may be possible to seek judicial review of the order.

Please note: Judicial review is NOT available to certain criminal aliens.

If an individual seeks judicial review they have thirty (30) days to file a petition for review with the United States Court Appeals having jurisdiction over them. Our firm has represented clients with the US District Court and the US Court of Appeals for the Eighth Circuit.