We can represent clients in immigration courts protecting them from removal (deportation) throughout the United States. We may be able to resolve some cases through filing of paper motions alone, but most cases will require us to appear in person.

Background on Process of Removal (Deportation)

A person can be placed in removal proceedings (deportation proceedings) for a variety of reasons. These may include, but not limited to:

1. Entering the U.S. without inspection
2. Overstaying of a visa
3. Violating the terms of a particular visa
4. Being convicted of certain crimes
5. Committing fraud
6. Loosing asylum case at the Asylum Office.

Removal proceedings (deportation proceedings) are initiated by the government’s issuance of a document called Notice To Appear (NTA) that is served on the immigrant and filed with the immigration court. The NTA includes details of the factual and legal grounds for deportation, as well as information regarding the date and location of the initial hearing in immigration court. If the NTA does not list a hearing date, time and location, then the person will receive a hearing notice through the mail. It is critical, when interacting with ICE or any government agency, that the person keep their address and contact information updated, especially if waiting for a hearing notice. Otherwise, the notice could go to the wrong address and a court date missed. You can also check the date, time, and location of your removal case by calling the automated Immigration Court helpline at 800-898-7180 or checking online. https://acis.eoir.justice.gov/en/

The first type of hearings that an immigrant will have are called Master Calendar Hearings. These are short hearings and consist of only a few questions from the immigration judge. Immigration judges normally want a person to address charges in the NTA and identify and file applications to protect immigrant from deportation. A person may have more than one Master Calendar Hearing and may request a continuance if they would like more time to speak to an attorney, prepare an application for relief, or otherwise think about how they would like to move forward in their case.   The second type of hearings is the Individual Hearing, which is an immigrant’s final hearing in immigration court. After submitting applications for immigration relief, a person will have the opportunity during Individual Hearing to testify, examine witnesses, and present evidence and legal arguments explaining why the judge should grant their application for relief. Individual Hearings are usually long and last for several hours. At the end, the immigration judge will determine whether a person should be allowed to stay in the United States, should accept voluntary departure or should be ordered removed.

If you have been served with an NTA, it is important to contact us as soon as possible for a consultation. Removal defense work is complicated and labor-intensive, so the sooner you meet with us, the better prepared we can be to assist you.

How We Can Help

There are many reasons why someone is put into removal proceedings and there are many ways to win removal cases. Do not give up hope! We win many difficult cases. We conduct a thorough analysis of your case to identify possible forms of relief and craft a defense strategy.

Common forms of relief in removal proceedings that our law office successfully represents include:

• Asylum, withholding of removal, and convention against torture claims
• Cancellation of removal for non-permanent residents
• Cancellation of removal for permanent residents
• VAWA cancellation of removal
• Adjustment of status, with waivers if required
• Dismissal of removal proceedings under prosecutorial discretion
• Termination of removal for lawful permanent residents placed into removal because of criminal convictions
• Termination and administrative closure of cases for other reasons, such as to proceed with a provisional waiver I-601A

What we do for you when you hire our Law Office to represent you in Immigration Court:

• We review the NTA and circumstances of your encounter with immigration to identify possible Constitutional or procedural defects in the proceedings.
• We communicate with Immigration and Customs Enforcement (ICE) to discuss the government’s position on your case and the possible dismissal of your case in the exercise of prosecutorial discretion.
• We file motions, briefs, and applications for relief with the court.
• We assist you with applying for Work Authorization document, if you are eligible.
• We assist you in locating an expert for your case, if we believe that this will increase your chances of winning your case
• We represent you at Master Calendar Hearings
• We prepare legal arguments on your behalf to be submitted to the court for the Individual (Final) Hearing
• We prepare you for the testimony at the Individual (Final) Hearings.

Motions to Reopen and Appeals

Many people have removal orders against them and they do not realize it. It is very important to find out if there is a removal order against a person, for example for failing to come to court. If an immigrant has a prior removal order, there is a way to reopen the case through a Motion to Re-open. We have a high rate of success for cases that we determine should be reopened.

When an immigrant loses his case in immigration court, this decision can be appealed to the higher immigration court, called Board of Immigration Appeals (BIA). The person has 30 days from the immigration judge’s order to file appeal to the BIA, so contacting attorney as soon as possible after the judge issues an order is imperative. Our law office has handled numerous BIA appeals with success. Our attorney is also licensed to practice in the Ninth Circuit Court of Appeals, which is the next higher court after the BIA, where an immigrant can appeal. It is important to note that while an immigrant’s appeal is pending, that person cannot be arrested by ICE and removed (deported) from the United States. Appeals sometimes take several years to complete. 

We welcome you to contact the Law Office of Anna I. Garcia to schedule a consultation about how we can help you win your case in immigration court and stay in the United States.