Removal Defense-Immigration Court

Removal Defense

Top Removal Defense Lawyer In Arizona

We are passionate about defending our clients. We understand the stress and panic felt by family and friends when a loved one is placed in immigration custody and removal proceedings. We know how to handle your case and we are here to help.

Removal Defense Basics:
When a person is detained by ICE, they are often taken to a processing center and then are transported to a detention center. In Arizona detained persons are typically sent to the Florence or Eloy Detention Centers.

Some people may qualify for a bond. This means that an Immigration Judge may allow the detained person to pay a certain amount of money in order to leave the detention facility. We have helped hundreds of people obtain immigration bonds, and we can help you every step of the way, from obtaining a bond all the way through to the final hearing.

Unfortunately, it can take several days or even weeks before a Judge will hold an immigration bond hearing. Much of this will depend on the detention center processing time and the Immigration Court’s schedule. If a bond is granted, the detained person is allowed to return home and can fight his or her case outside of the detention center. In all cases, it makes sense to speak with a removal defense attorney as soon as possible. You may only have one chance to get a bond and a mistake could result in your loved one’s removal.

Please feel free to call our removal defense lawyers in Phoenix at any time at 602-888-CODY. Our team will take the time to understand your case and we know how to help. Every case is unique and the consultation is free. We will look for positive solutions and do everything possible to keep families together. We believe in our clients and take our representation extremely seriously. We look forward to speaking with you today.

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    We Can Help Your Loved One Get A Bond

    To get a bond, first an Immigration Judge will determine whether or not a person is eligible. Certain people are not eligible for a bond. For example, people who self-surrendered at a port-of-entry and are classified as arriving aliens will not be eligible for bond. People with prior faults will not usually be eligible for bond. People who have committed certain crimes (such as drug crimes) will not be eligible for bond. Please see below for more information about crimes and bond eligibility. Each case is unique. It is extremely important to speak with us as soon as possible if a loved one is detained.

    If a person does qualify for bond, the Immigration Judge will next consider two questions:
    1) Is this person a danger to the community, to their family, to themselves, or to property?
    2) Is this person a flight risk, or, in other words, how likely is this person to attend their court hearings in the future if they are released?

    If the Judge feels that the person might be a danger or a flight risk, the Judge will deny bond. The Judge is free to consider any evidence available to them to determine flight risk or danger. This means that the Judge will look at all past arrests, police reports, and prior immigration history.

    Other reasons a Judge might deny a bond is when a person who has been convicted of a DUI offense may be considered a danger to the community and an immigration judge can deny a bond for that reason alone. The Judge will also consider whether or not the person was caught crossing the border or has established residence in the United States. Someone who does not have an immediate relative who is US Citizen or Lawful Permanent Resident may be considered an extreme flight risk because they do not qualify for 42b Cancellation of Removal.

    To get a bond, a detained person will need to provide the Judge with documents. An immigration attorney will help you figure out what documents the Judge will want to see in your case.

    It is important to note that there are many different Immigration Judges, and some Judges are more likely to give bonds or deny bonds than other Judges. There is no way to know with certainty how a Judge will rule in a bond case. Each case is different and it is important to discuss your particular case with your immigration attorney. If you are not eligible for a bond or the Judge denies bond, then you will be detained while you fight your removal defense case. But don’t worry, we have won many cases while someone was detained, even after the Judge denied bond.

    What Now

    Review Of Your Case For Qualification

    Every immigrant in removal proceedings has the right to have a trial where he or she receives the opportunity to defend him or herself against this removal. This trial is called an Individual Hearing and it is scheduled as long as there is one of three predominant defenses for removal: 1. Adjustment of Status, 2. Cancellation of Removal, or 3. Asylum.

    The Adjustment of Status defense requires legal entry into the country, and for an immediate family member, who is a resident or citizen (restrictions apply), to file a petition for you. Contrary to popular beliefs, legal entry is not only established if the immigrant enters the country on a visa, it is also established when a border officer has allowed the immigrant to enter the country as a passenger of a vehicle.

    The defense of Cancellation of Removal requires 10 years in the country, good moral character, immediate relatives who are residents or citizens, and for these relatives to suffer exceptional and extremely unusual hardship. It has to be proven to the Judge that if you are removed from the country, then your family members will suffer exceptional and extremely unusual hardship, which often requires serious physical, mental, psychological, or educational conditions or disabilities.

    The Asylum defense requires persecution by your country’s government, or persecution by people that the government cannot or refuses to control. Persecution must be on account of race, nationality, religion, political opinion, or membership in a social group. Also, it must be shown that there is nowhere else you could reasonably go in your home country to avoid the persecution.

    As lawyers our objective is always to solve the problem, in cases where the defenses are not favorable, there is the possibility of an appeal. The appeal is a process in which the same case is presented to a judicial agency of greater authority. This is a lengthy process, which allows your case to be examined by a higher court. Appeals are filed with the Board of Immigration Appeals. People under an appeal process cannot be removed from the country, which is why their stay in the country is extended until the Board of Immigration Appeals decides their case.

    Whichever is your case, people under removal defense proceedings should not go to court alone as these defenses determine their future in the country and deserve an aggressive attorney by their side with the proper ability, skill, and professionalism to represent their interests.