Deportation and Removal
When an alien is placed in removal proceedings, the Depew Law Group, P.C. evaluates the client's case to determine whether immigration relief is available to the client. Our attorneys also determine if the client can be released on bond.
The Department of Homeland Security often transfers aliens in removal proceedings out of State and houses them in detention centers. A detention center will often have onsite immigration judges who hear removal cases.
If necessary, we will order a client's immigration file from the Department of Homeland Security and their criminal histories from the FBI and California Department of Justice to assist us in evaluating their removal case.
An alien may be placed into removal proceedings for many reasons. These reasons are referred to as grounds of inadmissibility and grounds of deportability. In many instances, aliens are placed in removal proceedings because of their criminal history and/or illegal status.
For aliens placed in removal proceedings because of a criminal conviction, the immigration attorneys at the Depew Law Group, P.C. are experienced in determining the effect that a conviction or convictions will have on an alien's immigration status. In addition, our attorneys will explore with a qualified criminal attorney the possibility of vacating, expunging or reducing a criminal conviction when it is beneficial to the alien's removal case to do so.
Immigration court proceedings general consist of a bond hearing and removal hearings. At a bond hearing, the immigration judge will decide whether the alien should be released on bond while removal proceedings are pending. At the Master Calendar hearing, an alien will admit or deny the allegations in the charging document called the Notice to Appear, concede or deny removability and inform the immigration judge of the immigration relief that the alien will be applying for to avoid being removed from the United States.
At the merits hearings, the immigration judge will decide if the alien will be allowed to stay in the United States after hearing all the arguments and evidence presented by the attorney for the alien and the U.S. government attorney. At the hearing, the alien's attorney will present a legal brief which sets forth the legal argument on behalf of the alien; documents in support of the argument put forth for the alien; conduct a direct examination of the alien, alien's family members and expert witnesses, if needed. The government attorney will also be given an opportunity to cross-examine any witness presented by the alien's attorney.