Deportation or “removal” defense pertains to legal expertise when you have been given notice to go to Immigration Court (an NTA) or have been detained by local or federal officials and have an “ICE Hold” placed on you, which means you are soon to be in removal proceedings.
You are entitled to a hearing with an Immigration Judge in Immigration Court prior to any order of removal or deportation unless you entered on the Visa Waiver program. You will first be required to attend a “Master Calendar” Hearing to discuss and admit/deny the charges against you and to determine what type of relief may be available to you. If you decide to proceed, a Merits Hearing will be scheduled for you to then provide evidence of the merits of your type of application that will hopefully stop you from being deported. If you lose your Merits Hearing, you are eligible to appeal to the Board of Immigration Appeals, and possibly the 10th Circuit Court of Appeals.
Non-U.S. citizens, including permanent residents, can be deported for various reasons that predominantly pertain to being in the U.S. unlawfully or illegally or committing a particular crime.
Several forms of relief from deportation are available and must be evaluated by an experienced immigration attorney. Such forms of relief unique to Immigration Court include voluntary departure, cancellation of removal, and 212(c) relief. Other forms of relief are the same as those not in proceedings: applying for permanent residence through a qualifying family member or employer, asylum, special immigrant juvenile, to name a few.
If you know of someone in removal proceedings or who has an “ICE Hold” in Colorado and needs assistance, or you need help with appellate work, brief writing, appealing your case, contact Denver immigration lawyer Catherine Brown to schedule a consultation. Contact us online or call us at 303-322-2117.