Immigration Court - Defending Deportation
Facing the prospect of deportation can be one of the scariest experiences of a person’s life. If you have been served with a notice to appear before an Immigration Judge that charges you with being deportable from the United States it is important to remember that you have a constitutionally protected right to be represented by an attorney.
Darryl L. Wynn has successfully assisted non-citizens facing immigration court proceedings (deportation), appeals to the Board of Immigration Appeals, and litigation before United States federal courts on a broad range of issues, and is here to help you fight the government so that you can stay in the United States.
Our firm handles the following types of matters on a regular basis:
- Applications for Asylum, and Withholding of Removal.
- Removal Proceedings involving issues of deportability and inadmissibility, including criminal-related charges.
- Applications for relief from removal.
- Appeals to the Board of Immigration Appeals.
- Lawsuits involving eligibility and processing for citizenship and naturalization.
- Petitions for Writ of Habeas Corpus on behalf of detained non-citizens and those facing removal orders.
- Petitions for Review of Appeals to the United States Circuit Courts of Appeals.
Do not allow an immigration officer to dissuade you from seeking counsel, even if they tell you that you do not need an attorney. If you are before an Immigration Judge without an attorney tell the Judge on the record that you want the opportunity to try to find a lawyer to help you with your case.
If you have been given a Notice of Hearing scheduling you for an immigration hearing if you fail or neglect to attend that hearing you will be deported in absentia (while not present), and you will be unable to appeal the Immigration Judge’s order of removal even if you have a form of relief available to you that would allow you to remain in the United States.
To discuss possible representation regarding any of these types of litigation-related matters, or discuss referring cases involving any of these issues, feel free to contact our office to speak directly to one of the partners of the firm.The Board of Immigration Appeals (BIA)
The Board of Immigration Appeals, commonly referred to as the BIA, issues appellate administrative decisions that are binding on the DHS Bureaus responsible for enforcing immigration laws nationwide.
The BIA is part of the Executive Office for Immigration Review-a separate federal agency that is a component of the Department of Justice, and makes important decisions and interpretations of the immigration laws.
The Board has been given nationwide jurisdiction to hear appeals from certain decisions rendered by Immigration Judges and by DHS Bureau offices in a wide variety of proceedings in which the DHS Bureaus are one party and the other party is either an alien or a citizen.
Decisions of the BIA are binding on all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or a Federal court.
The BIA is not a Federal court, but its decisions are subject to judicial review in the Federal courts.
If you wish to appeal an Order of an Immigration Judge you must file a notice of appeal within 30 days of the Judge's decision.
Law Offices of Darryl L. Wynn welcomes the opportunity to assist you with your immigration appeal.
Please contact our office if you wish to speak to an attorney about appealing your case.Cancellation of Removal
Your one-time get out of Immigration Jail Free Card
If you have been charged with being deportable from the United States and have been in the U.S. for a period of time there may be a way to keep you in the country even if you are otherwise deportable, and even if you are in the United States illegally and don't already have a Green Card.
There is a form of relief called cancellation of removal that is available both to people who have Green Cards, and to those who don't. There are a number of variables that determine whether you are eligible to receive this type of relief, and you are only entitled to it once. I like to call it a one time "Get out of Immigration Jail Free Card".
If you are eligible for Cancellation of Removal the Immigration Judge weighs a number of factors to determine if he should allow you to remain in the United States.These factors include:
- Whether you have family in the United States;
- The length of time you have lived in the country;If you deportation will cause a hardship to you and your family;Whether you have honorably served in the Arm Forces;Whether you have a history of gainful and legal employment in the United States;Whether you own property, or have your own business;Whether there is value to the community to keep you here;Proof that you have been genuinely rehabilitated if you have been convicted of a crime; andAny available evidence of your good character
The Immigration Judge then looks at the negative factors which include:
- The nature and underlying circumstances relating to the reason why you are being charged with deportation;
- Additional significant violations of the Immigration Laws;
- Evidence of a criminal record; and
- Any evidence of your bad character or undesirability to stay in the United States.
It is the Immigration Judge's job to weigh the good against the bad, and determine if you are the type of person that should be allowed to stay in the United States even though the law says that you are deportable. It is our job to put you in the best possible position to win your case, and we take our job seriously.
JUDICIAL REVIEW OF REMOVAL ORDERS
A decision of the Board of Immigration Appeals renders an order of deportation/removal administratively final. However, an alien has an opportunity to seek Federal Court judicial review of the decision by filing a “Petition for Review” to the U.S. Circuit Court of Appeals having jurisdiction over where the Immigration Court case was heard. This Petition for Review must be received by the correct Court of Appeals within 30 calendar days of the BIA decision, or the opportunity to seek judicial review of the BIA decision is lost.
In addition to filing a Petition for Review, the Circuit Court of Appeals will require a filing fee (in the Second Circuit, where we handle the majority of our judicial review matters, the filing fee is $450). An alien’s deportation/removal is not automatically stayed by the filing of a Petition for Review, and a proper Motion to Stay Removal must be filed to ask the Court for a stay of removal to avoid being deported while the case is pending.
There are 12 Circuit Court of Appeals, including the District of Columbia Circuit. Each Circuit Court of Appeals has its own rules and procedures that must be followed carefully in order to ensure that a case is heard and decided by the Court. The Circuit Court of Appeals will review the legal issues presented by the case, and will examine the complete record of proceedings before the Immigration Court, BIA, and legal arguments of the alien and the Government in making a decision.
In some Circuits, it is very common for an “oral argument” to be scheduled where the attorneys for the alien and for the Government can answer questions from the Court’s assigned Judges before a decision is reached. There is also an opportunity to negotiate possible settlements of matters before a decision is made.Judicial review through a Petition for Review is usually the last chance for an order of removal/deportation to be legally examined. It requires great care of experienced counsel. While past performance is no guarantee of future results, Law Office of Darryl L. Wynn welcomes the opportunity to review your case with you. Feel free to contact our office to schedule a conference with any of the partners of our firm to discuss your case in complete detail.
