LOS ANGELES DEPORTATION AND REMOVAL ATTORNEY
If you are facing deportation and removal, it is important that you have the assistance of an experienced immigration attorney. At the Law Offices of David M. Haghighi, APC, we have built a solid reputation helping our clients avoid or delay deportation by providing aggressive and effective representation. We have extensive experience representing immigrant clients before the immigration courts, the Board of Immigration Appeals (BIA), and the U.S. Circuit Court of Appeals. We defend against deportation and removal in courts throughout the United States.
What are Removal Proceedings?
The Department of Homeland Security (DHS) initiates removal proceedings when it serves the individual with a charging document, called a Notice to Appear, and files that Notice to Appear with the immigration court. The Notice to Appear orders the individual to appear before an immigration judge and provides notice of the removal proceedings, the alleged immigration law violations, the ability to seek legal representation, and the consequences of failing to appear at scheduled hearings.
When the immigration court receives the Notice to Appear from DHS, the court schedules a removal hearing before an immigration judge. There may be one or multiple hearings, depending on what happens in the case. The two parties in the hearing are the individual named in the Notice to Appear and DHS.The DHS attorney represents the government and seeks to prove that the individual should be removed from the United States.
Removal proceedings begin with a "master calendar" hearing, where the immigration judge ensures the individual understands the alleged immigration law violations. If the government is able to establish that the individual is removable from the United States, the immigration judge will schedule an "individual" hearing, where both parties present the merits of the case to the immigration judge.
The outcome of many removal proceedings depends on whether the individual is eligible for relief from removal. Immigration law provides relief from removal to individuals who meet specific criteria. In most removal proceedings, individuals admit that they are removable, but then apply for one or more forms of relief. In such cases, individuals must prove that they are eligible for relief.
Relief From Deportation & Removal
If the judge determines that an individual is either deportable or inadmissible, the individual may apply for relief. The most common forms of relief are:
Cancellation of removal
Adjustment of status
Withholding of removal or deportation
Suspension of deportation
Waivers of deportability & inadmissibility
Prosecutorial Discretion/Administrative Closure
We fight hard on your behalf to convince the immigration judge to grant relief.
Detained Immigrants - Bond Hearings
When the Department of Homeland Security detains a loved one or family member, it is a very daunting feeling knowing that the federal government will be seeking to deport the individual. This is why it is important to have the guidance of an experienced immigration attorney.
In certain circumstances, an immigrant detained by the Department of Homeland Security (DHS) can be released from custody upon the payment of bond. Initially, the bond is set by DHS.
Upon the immigrant's request, an Immigration Judge may conduct a "bond hearing," in which the Immigration Judge has the authority to re-determine the amount of bond set by DHS.
Bond proceedings are separate from removal proceedings. Bond hearings are generally informal and are not part of the removal proceedings.
When Bond May Not Be Available
In certain cases bond may not be available. By regulation, an Immigration Judge does not have jurisdiction to conduct bond hearings involving:
Aliens in exclusion proceedings
Arriving aliens in removal proceedings
Aliens ineligible for release on security or related grounds
Aliens ineligible for release on certain criminal grounds
if a loved one or family member of yours has been placed into detention, he or she has a right to competent, aggressive and prompt legal representation. The immigration lawyers at the Law Offices of David M. Haghighi, APC have an excellent reputation for helping those who seek release from detention.
Attorney Haghighi and his staff will work relentlessly to help your loved one be released from custody. We have represented numerous clients across the United States that have been held in ICE detention.
Contact us for a free initial consultation to discuss your situation and learn how we may be able to help you achieve your goals.