Glendale Immigration Court Lawyer
Serving Clients Throughout Los Angeles & Across the US
When an individual who has immigrated to the US but has not become a full citizen violates some aspect of immigration law, the Department of Homeland Security (DHS) may charge them in an immigration court. During these proceedings, a judge decides whether to order the removal of the respondent from the US or to grant certain kinds of relief from removal. Regardless of whether a person is a lawful permanent resident (LPR) or any other status of immigrant, they could have to appear before an immigration judge if they violated the law.
Typically, these violations include:
- Overstaying a visa
- Violating terms of immigration status
- Committing marriage or documentation fraud
- Committing drug, gun, or other criminal offenses
Contact our Glendale immigration court lawyer online or by calling (818) 201-2636 today!
When to File a Motion to Reopen
Filing a motion to reopen an immigration case allows a person to adjust their status, in addition to other things like halting a removal order or helping them seek the various kinds of protections the US provides foreign nationals. An individual might file a motion to reopen if they have had a removal order, but they want to present new information to an immigration court that could change the outcome of their case. This legal process is a complicated, especially because the people who could benefit from it most are facing the threat of being removed from the US. Getting the help of a trusted lawyer when considering how and when to file a motion to reopen is a best practice for those who want to do so successfully.
Immigration Court Procedures
Although an immigration court proceeding can look different from one case to the next, there are a few significant processes that individuals who have been charged by the DHS with violating immigration law will have to go through.
These processes are as follows:
- A person will receive a notice to appear (NTA) that formally initiates a removal proceeding. The NTA will include a number of things such as a respondent’s biographical information, allegations of a violation, charges of removal, and the time and date of the Master Calendar hearing.
- At the Master Calendar hearing, a respondent will appear before a judge to determine when they should submit documents and appear for an individual’s removal hearing. At this meeting, a respondent will not have to make any arguments in their defense, nor will a judge question the respondent about their case.
- During the removal hearing, a respondent will formally make their case for why they should remain in the US. An attorney representing the US will also make a case against the respondent at the hearing.
- An immigration judge can make a decision about a respondent’s removal at the hearing or in writing days later. A respondent can appeal a judge’s decision within 30 days.
During the entire removal proceeding, a respondent is entitled to have legal representation. It is highly advisable to retain an attorney.
Forms of Relief for People Facing Removal
The threat of removal from the US can be especially daunting for individuals who have family, employment, and other significant ties to the country. Additionally, removal puts many individuals in harm’s way, as they might face various financial or emotional hardship or the threat of violence upon being removed from the US.
People who are involved in immigration court proceedings or who have been called to appear should not despair. There are multiple forms of relief that respondents can access.
What follows are descriptions four common types of relief:
Cancellation of Removal
Cancellation of removal effectively ends all immigration court proceedings that would have LPRs and non-residents removed from the US. Non-residents seeking relief must have lived continuously in the US for up to 10 years. LPRs must have lived continuously in the US for up to seven years and been an LPR for five. Neither can have been convicted of a felony offense, and non-residents cannot have been convicted of other crimes, such as drug or firearm offenses, that could be misdemeanor offenses. Additionally, those seeking cancellation of removal typically must demonstrate to a judge how removal would adversely affect the lives of their family and community, as well as their own.
Asylum
Asylum is available to individuals who have come to the US to escape violence, disaster, or other hardships in their home country. Individuals in immigration court proceedings may seek what is called defensive asylum. For a judge to grant this kind of relief, an individual must show that they would face persecution or hardship by returning to their home country.
Adjustment of Status
Relatives of a person facing removal may petition on the behalf of their spouse, child, or parent to become an LPR. For this to happen, the individual facing removal must fulfill the eligibility requirements to receive a green card and submit an I-485 application and necessary documentation on their own behalf.
Voluntary Departure
A person facing deportation may strategically seek to voluntarily depart from the US. Doing so would make it easier to legally enter the US under another immigration status in the future, while deportation makes certain individuals ineligible to return to the US for waiting periods that can extend from five years to life.
To seek the above relief options, it is advantageous to have legal representation, if not outright crucial. A skilled immigration lawyer can help their client understand their options for relief, compile and submit any necessary documentation, and advocate for their case before a judge.
Seeking Bond for Detainees
Individuals who have been detained by US Immigration and Customs Enforcement (ICE) for a violating the law can seek to be let out of detention on bond if they can prove they are neither a flight risk nor a danger to the public.
To petition to be eligible for bond to an immigration court, a person must:
- Request a bond hearing from an immigration judge by either writing them a letter from detention or by asking for one at a removal hearing
- Obtain a sponsor letter from a US citizen or LPR, which should describe the relationship between the sponsor and detainee and how the sponsor will support the detainee if they are released
- Provide documents that demonstrate to a judge that the detainee will not a danger to their community upon release; these documents can include anything that illustrates community involvement, letters of support from people with close relationships with the detainee, diplomas or other certificates of education, and more.
Should a person need to post bond, they will have to pay it with either a certified check or a money order. All other payment forms are ineligible.
Immigration Law Parole
The secretary of the Department of Homeland Security (DHS) can grant parole to certain individuals who would not otherwise be able to legally enter and reside in the US. Cases where the DHS might allow parole include those where the person seeking entry to the US is fleeing a significant humanitarian crisis or when they must enter the US to participate in a legal proceeding. Entering the US on parole neither grants a person any immigrant status nor does it formally “admit” the person.
A person may file for parole on their own behalf, or they can have a sponsor file for them. Regardless of who files, they must adequately demonstrate their need for parole to the DHS. It is important that a filer also specifically shows that the person receiving parole will have financial support throughout the duration of their stay.
As it relates specifically to removal proceedings, individuals who have been detained by ICE may petition for parole on the same grounds of humanitarian crisis or social benefit, even while in immigration detention.
Call (818) 201-2636 or contact us online today!
