Defending Against Removal Proceedings

Here are some of the most common ways people get placed in removal proceedings: (1) The person is arrested for a crime and picked up by ICE after being released from jail, or (2) convicted of a crime and picked up after completing the prison sentence, or (3) picked up during a workplace raid, or (4) picked up at the US border just after entry. Thus, enforcement priorities target those who have been arrested, been denied an immigration benefit, worked without authorization, tried to enter without valid documents, and those targeted for special scrutiny since 9/11.

If you are in removal proceedings, a skilled immigration attorney can effectively examine the facts and legal issues involved in your specific situation to provide you with all the possible options that may be available to you during this process. For example, you may have defenses available to you that would allow you to successfully prevail in removal proceedings. Or you may have the option to accept removal and voluntarily depart the US and retain your ability to legally return at a future date. At The Law Firm of Shihab & Associates, Co., LPA, we have decades of combined experience successfully representing our clients in removal proceedings. If you have questions about removal, contact us for a consultation.

Removal is a legal term that includes both deportability from the United States and inadmissibility into the United States. Removal proceedings include deporting foreign nationals who are no longer legal to remain in the US, and inadmissibility for those who did not legally enter the US in the first place.

Congress has absolute authority to determine and establish the reasons for removal, and the courts cannot scrutinize or overturn Congressional decisions in this area. However, courts can scrutinize Congressional decisions regarding removal procedures if they violate the Fifth Amendment Constitutional right to due process. A competent attorney can use this to your advantage if your right to due process was violated.

Under the old law, prior to 1996, the distinction between deportability and inadmissibility was determined by whether the foreign national entered the United States. If a foreign national was stopped at the border, it was a case of inadmissibility. If the person was picked up inside the US, it was a case of deportability.

New grounds of inadmissibility and deportability were added by the Illegal Immigration Reform and Immigrant responsibility ACT of 1996 (IIRAIRA). One change is that the grounds of deportability only apply to foreign nationals who lawfully entered the US, and the grounds of inadmissibility apply to those who entered illegally. Therefore, even if a person entered the US illegally, they are deemed to have not entered the US at all and are inadmissible instead of deportable. The consequence of this is that the person is no longer entitled to deportability defenses due to the change by IIRAIRA. It is critical to distinguish between the two when defending against removal.

If you have questions about removal, deportability, inadmissibility, or any other immigration matter, please contact our immigration attorneys or call The Law Firm of Shihab & Associates, Co., LPA at the nearest office close to you to consult with an attorney. The competent attorneys at The Law Firm of Shihab & Associates are experienced in defending foreign nationals in removal proceedings, as well as other areas of immigration. We represent clients nationwide in various matters including green cards and permanent residence, family immigration, immigrant visas, non-immigrant visas, employment visas, and H1B visas, investor visas, PERM applications, and many more. We will not tire until we get the desired results for you within the bounds of the law. Contact us for a consultation.