In today’s enforcement heavy climate, the Department of Homeland Security (DHS) often initiates deportation proceedings against many foreign nationals for numerous reasons ranging from technical violations of immigration laws, illegal entry and stay after the date your visa expires, to more serious reasons such as immigration fraud, undocumented trafficking and the existence of criminal records.
We are aggressive advocates for immigrant rights. Our attorneys are experienced with deportation and removal proceedings and have extensive knowledge of immigration laws. If you are facing the possibility of deportation or removal, we will advocate on your behalf to preserve your right to live and work in the United States.
What it means to be placed into “removal proceedings.”
The deportation process often begins when you receive a letter called a “Notice to Appear,” which requires you to appear in Immigration Court at a deportation hearing. The office of Michael G. Murray, P.A. initiates each deportation case by carefully reviewing the “Notice to Appear” for defects, which may support the filing of a Motion to Terminate removal proceedings.
What if the Notice to Appear is Defective?
- On June 21, 2018, the U.S. Supreme Court issued a favorable decision relating to immigrants prevented from filing cancellation of removal applications because of the “stop time rule.” Pereira v. Sessions held that notices to appear, which lack a time and date are defective, and thus cannot stop the clock in determining eligibility for cancellation of removal.
The key element to take from the above case is that more people should now be eligible for cancellation of removal and other forms of relief based on the above procedural advantage.
Why am I being placed into deportation proceedings?
If the Department of Homeland Security (DHS) is trying to deport you, it may be for one of the following reasons:
- You have violated immigration laws, such as entering the United States without inspection or parole.
- You have committed a criminal act.
- You have overstayed a student or work-related nonimmigrant visa.
- You have misrepresented yourself on a nonimmigrant or permanent resident application.
Representation in Court
Representing yourself in removal proceedings is extremely discouraged. Immigration Judges will often give immigrants in deportation proceedings several opportunities to seek counsel. Whether you are placed into removal proceedings for a criminal or noncriminal offense, you need an experienced immigration attorney who knows immigration law and will fight to keep you in the U.S.
Some of the areas we practice in order to defend against your deportation are below:
- Termination of Proceedings
- Bond hearings
- Cancellation of removal
- Waivers in Removal Proceedings
- BIA and Federal Court appeals
- Motions to Reopen
Do you need help from an immigration lawyer in Austin?