When an individual is placed into removal proceedings the wheels of uncertainty begin to spin.
Family members are often left in a state of panic and confusion, and don’t know who to turn to for help.
Getting information or simply trying to locate an individual who has been taken into custody can become time consuming and frustrating. We have successfully represented many clients placed in removal proceedings nationwide.
We take on cases that we believe we can help the client remain in the United States. Generally, our clients are informed at the initial consultation if we can help them or not with their removal case. Before we agree to represent a client in removal proceedings, we evaluate the client’s case to determine whether immigration relief is available to the client and the chances of getting that relief granted by the immigration judge. We also determine whether a detained client can be released on bond and whether the case, if located in another city or state can be moved to an immigration court closer to the client’s home.
The Department of Homeland Security often transfers aliens in removal proceedings out of State and houses them in detention centers located throughout the country.
An alien or non-citizen may be placed into removal proceedings for many reasons. These reasons are referred to as grounds of inadmissibility and grounds of removability. In many instances, individuals are placed in removal proceedings because of their criminal history and/or illegal status. For example a lawful permanent resident can be placed in removal proceedings for having a certain criminal conviction or convictions.
If necessary, we will order a client’s immigration file from the Department of Homeland Security and their criminal histories from the FBI and California Department of Justice to assist us in evaluating their removal case. We will also obtain a client’s criminal record from criminal court.
For individuals placed in removal proceedings because of a criminal conviction or convictions, our immigration attorneys are highly experienced in determining the effect that a conviction or convictions will have on an alien’s immigration status. In addition, if necessary, our attorneys will explore with a qualified criminal attorney the possibility of vacating, expunging or reducing a criminal conviction or convictions when it would be beneficial to the alien to do so.
Immigration court proceedings generally consist of bond, master calendar and individual hearings. At a bond hearing, the immigration judge will decide whether the alien should be released on bond while removal proceedings are pending. At the Master Calendar hearing, an alien will admit or deny the allegations in the charging document called the Notice to Appear, concede or deny removability and inform the immigration judge of the immigration relief that the alien will be applying for to avoid being removed from the United States.
At the individual hearing, (also referred to as the Final, Regular or Merits hearing), the immigration judge will determine if the alien gets to stay in the United States or will have to leave after hearing all the evidence presented by the attorneys for the alien and the U.S. government. At the hearing, the alien’s attorney will present documents, take testimony on direct examination from the alien and the alien’s witnesses, including family, friends and any expert witnesses. The government attorney will also be given an opportunity to cross-exam any witnesses presented by the alien’s attorney.
We can represent clients at all stages of removal proceedings anywhere in the country. Aliens placed in removal proceedings or their family members can contact the Law Offices of Raul Ray at (408) 279-5793 at anytime during the week or on weekends or email us at raulray@deportationattorney.com