Defending Clients in Removal Proceedings
Receiving a Notice to Appear (NTA) can be a nightmare for immigrants, especially if you have done everything in your power to follow immigration rules and all of the laws of the United States. The government issues an NTA to initiate removal proceedings, also known as deportation. Being removed from the U.S. can represent a practical and emotional burden, as deportation not only destroys any life you have worked to build in the country, it can also separate you from your friends, family, and other loved ones.
Luckily, you do not have to face deportation alone. Retaining strong legal representation can dramatically increase the odds of avoiding removal. Our Manhattan immigration lawyer has practiced deportation/removal defense for more than 30 years. At John Nicelli & Associates, our team draws upon this experience to assist our clients when facing removal proceedings. We are familiar with reliable, winning legal strategies and can leverage our knowledge to strengthen your case. We can even work to release you from detention on bond.
What Should I Do When I Receive a Notice to Appear?
If you have received an Notice To Appear before an Immigration Judge (NTA), United States Citizenship and Immigration Services (USCIS) has already sent an identical notice to the local immigration court that will be handling your case. This document should indicate the reasons for initiating removal proceedings. It should also include a scheduled date and location for your hearing.
Review the contents of your NTA carefully and immediately contact us. Once we have been retained, we will attend the scheduled hearing with you. If you fail to appear at your scheduled hearing, an order will likely be issued for your immediate removal, and you will have few opportunities to apply for deportation/removal relief or other defenses.
Once you have made your initial appearance in court and verify (or dispute) the contents of the NTA, there will in most cases be opportunities to apply for various forms of relief. A subsequent hearing will be scheduled, giving you time to assess your options and decide how to proceed. In some situations, an individual hearing will be held where testimony will be taken. Having the right experienced attorney could make all the difference as to whether you succeed or do not succeed.
If you have received a Notice to Appear or suspect you might get one soon, do not wait to call (212) 227-8020 or contact us online. We offer same-day appointments and can immediately begin work on your case.
In some situations, a bond hearing can also be scheduled to negotiate your release. For removal proceedings, the minimum bond is usually set at $1,500, though it could be set substantially higher based on a combination of factors. Once the bond is set and paid, you can be released from detention. However, should you fail to appear at future hearings, your bond is forfeited, and you will be subject to immediate removal.
Keep in mind that not all detainees are entitled to be released from detention on bond. Individuals with serious criminal offenses, individuals classified as terrorists, and foreign nationals just arriving into the United States are typically unable to be released on bond until their case has concluded.
When you are taken into custody, Immigration and Customs Enforcement (ICE) sets the bond amount. In certain cases, you can be processed and then immediately released without a bond. If a bond is set at an exorbitant amount, you can in many cases request a bond redetermination hearing with an Immigration Judge to argue for a lower sum. If you are not in agreement with the Judge's decision, an appeal can be filed with the Board of Immigration Appeals.
ICE agents and immigration courts generally consider the following factors when determining a bond amount:
- Criminal record
- Financial ability to pay the bond
- Prior failures to appear for scheduled court proceedings of any type
- Any attempts to flee or escape authorities to avoid prosecution
- Previous immigration record
- Length of stay in the United States
- Family ties to the United States
- Employment history
- Ties to the community
If you are successfully released on bond, understand this does not mean you are free and clear from removal proceedings.Our Manhattan immigration litigation attorney has experience negotiating successful bond hearings. We will do everything in our power to help you avoid detention while your case is pending before the Immigration Court.
Deportation Relief Options
The deportation relief options available to you will depend on your specific circumstances, including the nature of your offense, any criminal history, and your previous immigration record. We can evaluate the facts of your case and help you understand options we can potentially pursue. Our goal is always to put you in the best position possible and do everything we can to help you avoid deportation.
Our Manhattan immigration lawyer can help you explore several types of deportation defense, including:
- Cancellation of Removal
- Asylum/ Withholding of Removal
- Adjustment of status
- Voluntary departure if efforts to secure deportation relief fail and the judge rules in favor of your removal, you still may have options. You are permitted to file an appeal with BIA within 30 days of the ruling, giving you additional time to strategize.
If efforts to secure deportation relief fail and the judge rules in favor of your removal, you still may have options. You are permitted to file an appeal with BIA within 30 days of the ruling, giving you additional time to strategize.