Deportation Proceedings and Litigation

Removal Proceedings

Deportation (removal) proceedings are a court process initiated by the Department of Homeland Security (DHS) to deport an individual (both permanent residents and non-residents) from the United States.

Do I need a Deportation Attorney?

The right to an attorney is one of the most important rights given to individuals in removal proceedings. However, the U.S. government is not required to provide an attorney free of charge.

Hearings are held at local immigration courts where it is important that an individual be represented by a qualified immigration attorney. With the increase in deportation enforcement efforts by the current administration, it is crucial that you consult with and hire a knowledgeable immigration attorney to determine the best solution to fight your deportation case. Time is of the essence! The attorneys at Potra Law Firm regularly work with intricate and complex immigration cases and fight for our clients in their most desperate hour. Call us immediately if you or a loved one is in need.

How and why would I be placed in Removal/Deportation proceedings?

Some common issues that place individuals at risk of being placed in removal proceedings include: criminal arrest/conviction, entering the U.S. illegally or without proper documentation, overstaying a visa, immigration status violations, abandoning his/her green card status, or immigration fraud.

What to expect during Removal/Deportation proceedings?

The deportation process begins when the government files a Notice to Appear, known as the “NTA”, with the immigration court. The NTA details the reasons that the government believes an individual to be removable from the U.S. and charges the individual with removability under specific provisions of law.

The immigrant may then concede or deny the immigration charges against him/her. If the judge sustains the charges against the individual, then he/she may apply for relief from removal, if eligible.

What types of relief are available to fight my Deportation case?

Removal cases are often a difficult fight, and the Atlanta attorneys at the Potra Law Firm will explore all available options to help you fight your case.

Some common forms of relief available in Immigration Court proceedings include: 

• Immigration Bond: If a foreign national is detained by ICE, he/she may be eligible for an immigration bond hearing. At an immigration bond hearing, an immigration judge will do one of three things: set a bond, determine that the immigrant is not statutorily eligible for bond, or the request for a bond should be denied as a matter of discretion. This decision is based on a number of factors, including, but not limited to:

• • Whether you pose a “danger to the community”;
  • Your “flight risk”, i.e., whether you will return to Immigration Court;
  • Your family ties in the United States;
  • Your criminal history;
  • Your employment;
  • Your financial ability to pay an immigration bond;
  • Your participation in community organizations;
  • Your immigration history; and
  • Your eligibility for a green card or other relief from removal or deportation in Immigration Court.

If an immigration judge decides to issue a bond, then the minimum bond amount can be $1,500, however, bonds may be set as high as $25,000, or at an even higher amount, depending on the facts of the case.

Not every foreign national is entitled to an immigration bond hearing, for example, certain criminal convictions, the method in which you entered the United States, or a prior order of removal/deportation will make you ineligible for an immigration bond hearing.

If you are not eligible for an immigration bond due to a prior order of removal/deportation, you may be eligible for a Stay of Deportation, which will result in your release and allow you to stay in the United States for a limited amount of time, depending on the facts of your case.

• Cancellation of Removal for Lawful Permanent Residents (LPR): Certain lawful permanent residents can remain in the U.S. even after being found deportable for a criminal conviction if he/she meets certain requirements:

• • Have had a green card for at least five years;
  • Have lived in the United States continuously for seven years after being admitted in any status; and
  • No aggravated felony convictions.

If relief is granted from an Immigration Judge as a matter of discretion, the deportation is canceled, and the person remains a lawful permanent resident. This relief can only be granted once for lawful permanent residents.

• Cancellation of Removal for Non-Permanent Residents: Individuals without status in the U.S. can apply to cancel his/her deportation if he/she meets the following criteria:

• • Has been continuously present in the U.S. for 10 years before the initiation of removal proceedings;
  • Has not committed any crimes rendering him/her inadmissible;
  • Has been a person of good moral character for 10 years; and
  • Can demonstrate that his/her U.S. citizen or resident spouse, parent or minor child (under 21) will suffer “exceptional and extremely unusual hardship” in the event he/she is deported.

If this relief is granted the deportation is canceled and the individual is granted lawful permanent resident status (green card).

• VAWA Cancellation of Removal: This is a form of cancellation of removal for those who are in abusive marriages with a U.S. citizen or resident. The individual must demonstrate:

• • That he/she is a person of good moral character and has been physically present in the U.S. for the three years before the initiation of removal proceedings; and
  • That he/she suffered extreme cruelty and abuse at the hands of the U.S. citizen or resident spouse or parent.

• • Adjustment of Status (with or without a waiver): Applications for permanent residency may be filed with the Immigration Court either as an initial application or a review of an application previously denied by USCIS. In some cases, a waiver is required for certain individuals who have committed certain crimes or past immigration violations.  Most waivers require a showing of “extreme hardship” to a U.S. citizen or resident spouse or parent.

• • Voluntary Departure: An individual may choose to take an order of voluntary departure and depart the United States voluntarily to any country of their choosing. A foreign national allowed to voluntarily depart concedes removability but does not have an order of removal/deportation bar to seeking admission in the future. Failure to depart within the time granted results in a fine and a ten-year bar to several forms of relief from removal/deportation.

• • Asylum: An individual who fears for his life in his home country may apply for asylum, withholding of removal, or relief under the Convention Against Torture.  This relief is discussed in more detail under the “Asylum” page.

To learn more about each type of relief, schedule a consultation with the immigration Attorneys at Potra Law Firm.

Can I appeal a decision of the Immigration Judge?

Unfavorable decisions issued by the immigration courts are appealed to the Board of Immigration Appeals (BIA) in Falls Church, Virginia. Denials of cases by the BIA are appealed to the U.S. Circuit Court of Appeals with jurisdiction over the immigration court that issued the initial denial and order of deportation. In Georgia, this is the Eleventh Circuit Court of Appeals. The immigration attorneys at Potra Law firm have extensive experience in representing individuals in appeals before the Board of Immigration Appeals and Administrative Appeals Office.