The attorneys at Uribe & Uribe APLC take pride in representing the hard-to-defend in immigration removal proceedings.

Removal defense involves representing and advocating for immigrants facing deportation from the United States in immigration court.

For many immigrants facing removal from the United States, the process involves (if immigration bail is not granted) appearing before an immigration judge after serving many months in immigration detention. Facing an immigration judge and opposing a government attorney in the removal process can be the last stand an immigrant facing removal can take. Unfortunately, most immigrants facing removal in immigration court cannot afford to have an attorney represent them in their removal proceedings. Retaining counsel during this process can mean the difference between staying in the United States or being deported to a place you are unfamiliar with. The attorneys at Uribe & Uribe APLC have experience in representing individuals in immigration court and understand that decisions made in an immigration removal hearing can have a lasting effect in determining whether one stays or is removed. When looking for counsel to represent you in immigration removal proceedings, it is important to engage a law firm whose attorneys maintain a deep understanding of not only the law but also a deep understanding of the client’s immigration objectives. It is also important to keep in mind that an attorney with knowledge of the criminal court system and how a criminal conviction can affect your immigration situation.

Often it is the case that the cards are stacked against a person facing removal from the United States, regardless if they are a legal resident, have a temporary work visa, a pending U VISA, or perhaps no legal status at all. Regardless of one’s immigration status, it is important for an individual in removal proceedings to contest his or her removal from the United States. For immigrants that find themselves in removal proceedings the most important aspect of their life here in the United States is their family ties.

Many individuals facing removal from the United States do not want to be separated from the life they have here in the United States. Unfortunately, the life that they have here in the United States consists of immediate relatives and family members that are American citizens. Unfortunately, unless the Immigration Judge or IJ has very little discretion to take into account, a noncitizen’s long history in the country, U.S. citizen family members, community ties, and other factors that are relevant to the issue of whether the immigrant in removal proceedings should be removed from the county. It is with this understanding that the attorneys at Uribe & Uribe APLC work to find any and all possible defenses to combat a noncitizen’s removal from the United States. Legal representation is the single most important factor in determining whether someone will win or lose their case.

AVOIDING DEPORTATION

In order for the government to remove an immigrant from the United States there must be a good cause.

In order for the governmet to remove an immigrant from the United States there must be good cause.

In order for the government attorney to show good cause he or she must find that there has been a violation of the Immigration and Nationality Act or INA for short. Often times these allegations are based upon a noncitizen’s criminal record. The attorneys at Uribe & Uribe APLC will contest the allegations in immigration court on your behalf to ensure that every possible defense is put forth. For instance, if you are accused of being an alien without lawful entry you may be entitled to have your case heard before an immigration judge. Ultimately one needs to have experienced immigration counsel when before an immigration judge since the United States government will have skilled attorneys attempting to facilitate your removal from the United States. If it is a criminal conviction in Superior Court that is affecting your chances of maintaining your life in the United States, then consult with an attorney that is knowledgeable about the necessary steps needed in order to successfully vacate a criminal conviction.

Appeals In Immigration Court

Unfortunately, the vast majority of immigrants that find themselves before an immigration judge in immigration removal proceedings is subsequently ordered removed from the United States. Whether a non-citizen appellant hired inexperienced counsel or perhaps did not hire counsel and lost his or her case before an immigration judge there may remain options to assert your right to contest the planned removal. For a non-citizen in removal proceedings, the only hope he or she has is to appeal the adverse decision to a higher legal authority. This type of appeal can be based upon an Immigration Judge’s finding that a non-citizen is deportable as well as from an order denying applications for relief from deportation, exclusion, or removal. Examples of this include; denials of applications for Suspension of Deportation, Cancellation of Removal, Asylum Petitions, Withholding and Convention Against Torture (CAT), or denials of applications for waivers of deportability or inadmissibility under sections 212(c), 212(h) or 212(i) among others. For specific information regarding your immigration situation it is recommended that you consult with the attorney’s at Uribe & Uribe APLC for sounds advice.

Adverse Decision in Immigration Court

If you have received an adverse decision in immigration court your options are very limited. For this reason, it is important to keep in mind that after this decision the timing of your next step is vital. It is important to consult with a qualified attorney to review your particular immigration situation and then take the appropriate action to begin the quest to seek an appropriate remedy. The attorneys at Uribe & Uribe APLC will determine what the next appropriate step would be so as to maintain your existence in the United States. It could be possible that you may be able to attempt various legal maneuvers to maintain your ability to stay in the United States. Options that may be available to a non-citizen fighting removal from the United States are to file a Notice of Appeal, Motion to Reopen, or Reconsider before the Office of the Immigration Judge, or the Board of Immigration Appeals.

Grounds For Removal

Grounds For Removal

When faced with removal from the United States it is important to engage a law firm that is experienced in immigration court and U.S. Federal Court proceedings. The skilled attorneys at Uribe & Uribe APLC can assist with your Petition for Judicial Review before any of the United States Courts of Appeal and/or Judicial Action in District Court no matter where you live in the United States.

There is a number of grounds for inadmissibility you may experience on a nonimmigrant visa or even a green card.

Such examples include:

  • Being convicted of a felony or crime like domestic abuse, aggravated DUI, theft, possession of a controlled substance, etc.
  • Committing marriage fraud in order to gain a green card
  • Being diagnosed with a disease like tuberculosis or AIDS
  • Engaging in any criminal activity involving espionage, sabotage, or danger to public safety (i.e., terrorist activity, force, violence, etc.)
  • Falsely representing yourself as a citizen on an I-9, federal/state form, or student loan

Depending on one’s situation a person facing removal may be eligible for defenses to removals like cancellation of removal, asylum, or voluntary departure. In many cases, an undocumented individual may be arrested for a traffic violation and then taken into Immigration and Customs Enforcement (ICE) custody at a holding facility. If an undocumented relative is taken to the detention center then the attorneys at Uribe & Uribe APLC can work to obtain his or her freedom.

Our Immigration System In This Country Is Very Complex.

There are various government agencies and departments that can play a role in one’s removal from the United States. For instance, there is the Department of Homeland Security, the Department of Justice, as well as the Department of Health and Human Services. Each of these government agencies plays a role in our country’s vast immigration system.

In regards to immigration, the Department of Homeland Security maintains the following agencies, comprised of Immigration and Customs Enforcement or ICE, Customs and Border Protection or CBP, and U.S. Citizenship and Immigration Services or USCIS.

The Department of Justice maintains the Executive Office of Immigration Review or EOIR, is responsible for the Immigration Judges that preside over immigration cases, as well as the Board of Immigration Appeals.

The Department of Health and Human Services maintains the Office of Refugee Resettlement or ORR and oversees the detention of unaccompanied minors.