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SERVICES

Our law firm offers many services to those who are facing removal from the United States. Below are some of the services we offer to our clients; however it is necessary to interview a client, and determine their goals and current immigration status before suggesting which route is best for them. Some of these services are preventative in nature, minimizing the immigration consequence of a criminal conviction. Some of the services fight to keep someone facing removal from being deported. Other services aid persons who are being removed, or who do not wish to fight removal, in expediting their deportation to their country of origin, or minimizing future consequences of being deported, incase they wish to someday return to the U.S. Finally, some of these services help those who have been deported return to the United States, as quickly as possible.

Appeal of an Immigration Judge’s Decision to the Board of Immigration Appeals:
After an Immigration Judge has rendered a decision in your case you have a very limited amount of time to file an appeal of that decision. Our firm can represent you in front of the BIA, writing and filing a brief in support of your appeal. This brief is a combination of facts and law, as well as supporting documents and affidavits, which can be used to persuade the Board of Immigration Appeals that the Immigration Judge has made an incorrect decision in your case, and that you should not be deported to your country of origin.

Motion to Reopen:
A motion to reopen can only be made after the Board of Immigration Appeals has decided your case. It is used to ask the BIA to look at new evidence or a change in situation in your case.

Motion to Reconsider:
A motion to reconsider can only be made after the Board of Immigration Appeals has decided your case. This motion is used when you do not have new evidence of a change of circumstances in your case, but wish the BIA to reconsider its previous ruling.

Motion to Remand:
A motion to remand can only be made before the Board of Immigration Appeals has decided your case. It is used to ask the BIA to look at new evidence, of a change in situation in your case, while you are waiting for the board to make a decision in your case.

Motion to stay removal:
Not all actions taken by a defendant in removal proceedings automatically stop the DHS from removing that person from the United States. Many times the deportee must request that the court stay their removal, or they may still be deported, even if they are challenging their case before an Immigration or Federal Court.

Appeal to Federal Circuit Courts:
In many cases if someone is facing removal, and is denied relief before the Board of Immigration Appeals, they may appeal the BIA decision in the Federal Circuit Court located in the jurisdiction in which they appeared before the Immigration Judge.

Petition for Habeas Corpus to a Federal District Court:
Habeas Corpus is the name of a legal instrument or writ, by means of which detainees can seek release from unlawful imprisonment. Many of those who pled guilty to criminal charges were not apprised by counsel or the court of the possibility of facing deportation, due to a criminal conviction, at the time they plead guilty, or were sentenced.

Vacating the criminal conviction upon which the removal is based:
It may be possible in some cases to return to criminal court to have the criminal conviction upon which the deportation is based vacated. Without this conviction the person facing removal may no longer be deported, if the criminal conviction is vacated for reasons other than that the person is being deported

Private bill:
A private bill is an act considered or acted upon by the legislature, that helps a single individual, by affording relief from a law, (such as removal under the INA) granting a unique benefit, or relieving the individual from legal responsibility for some allegedly wrongful act.

International Prisoner Transfer Program:
This is a Government sponsored program which is designed to relieve some of the special hardships that fall upon offenders incarcerated far from home, and to facilitate the rehabilitation of these offenders. Prisoners may be transferred to and from those countries with which the United States has a treaty, even if they have not served the full sentence for the crime which they committed in the United States.
Here is a list of participating countries: http://www.usdoj.gov/criminal/oeo/lists.htm

Waivers:
If a loved one has been deported, they may be able to obtain a discretionary waiver (I-601). If the deportee has a wife, child or parent of a US citizenship or legal permanent resident status, they may obtain a waiver if they show that the denial of the waiver would result in an extreme hardship to the qualifying relative. Note: This waiver is not available for all crimes.

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