Immigration Court (Removal|Deportation Defense)
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EOIR is the formal name for the U.S. immigration court system, which is a part of the U.S. Department of Justice.
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Being deported or removed from the United States can have serious consequences for you or your loved one’s future, often resulting in permanent separation from relatives, friends, and employers. A successful defense may result in freedom from incarceration, a valid work permit, termination of the proceedings, or permanent legal status here. The process is extremely complex, and we do not recommend pro se (self) representation during these proceedings. We can represent you in bond, master, and individual merits hearings, as well as appeals to the Board of Immigration Appeals (BIA) and federal courts.
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There are many possible forms of relief from deportation, and an experienced immigration attorney at our firm can assist you in determining your options:
Cancellation of removal sometimes called the “law of ten years”.
Adjustment of status to lawful permanent residence.
Voluntary departure to leave the U.S. without an order of deportation or removal.
Asylum, refugee, withholding of deportation, or Convention Against Torture (CAT) relief to stay in the U.S. for protection from harm.
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The short answer is “yes, probably,” depending on the circumstances. Many immigrants who are in removal/deportation proceedings qualify for temporary work authorization until the immigration court completes the case.
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Visit the Immigration Court website and enter your Alien Registration Number (9-digit immigration identification number, also called "A#").
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When an Immigration Judge denies your request to stay in the US legally, then you typically have 30 days to file an "appeal" requesting that the decision be reviewed by a higher court known as the Board of Immigration Appeals (BIA).
This is an extremely complicated process best left to an attorney, and you should not delay, because the BIA must actually receive the appeal before the filing deadline. This means that, if your appeal is due on July 1st, then the BIA must have it in their office by July 1st. Placing it in the mail before July 1st will not protect you.
Appeals of Immigration Judges' decisions must be filed on specific forms with copies of specific evidence, including the judge's decision and any voluntary departure bond information. The appeal may or may not require a filing fee payable to the Department of Justice.
If an Immigration Judge has denied your application, do not hesitate. Contact an attorney today.
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After you file an appeal of an Immigration Judge's decision, the Board of Immigration Appeals (BIA) will review your case file.
If you requested oral argument, you might be scheduled to appear personally to argue your case.
Most appellants choose to argue in writing, and, after filing an appeal, the BIA will send a notice (ideally to your attorney) with a deadline to submit written arguments.
During the entire appeal process, you might be able to continue renewing your work permit, and you should be protected from removal/deportation, because the decision has not yet become final.
At the end of the appeal process, the BIA might "remand" your case for further proceedings (send it back to the Immigration Judge to consider evidence or arguments), disagree with the judge and grant your application for relief (this is rare), or agree with the judge and deny your appeal (this is most common).
If your appeal is denied, then the case becomes final, including an order of removal/deportation or voluntary departure.