Deportation hearings or Removal proceedings
Deportation hearings or Removal proceedings (as they are officially termed presently) are administrative legal proceedings against a non-citizen immigrant who has violated United States Immigration Laws, to determine whether his offense is eligible for removal/deportation from the U.S.
These proceedings are held under an Immigration Judge in the Immigration court which also happens to be the “Executive Office for Immigration Review” (EOIR- the body responsible for making judgments in immigration cases) coming under the United States Department of Justice. EOIR controls its immigration courts in the U.S. through the “Office of the Chief Immigration Judge”. Apart from this it also has a “Board of Immigration Appeals” (BIA) which handles the appeals from the immigration courts.
The removal proceedings or deportation hearings begin with the serving of an administrative summons to a non-citizen immigrant (illegal immigrant/non-LPR or green card holder/ LPR) by a U.S. Immigration official from U.S. Immigration and Customs Enforcement (ICE) or the U.S. Customs and Border Protection.
The reason for this can be simply classified into 3 categories:
- Illegal entry into the U.S. without a visa or immigration control by a non-citizen cum non-LPR
- Residing in the U.S. beyond the lawfully allowed period of time by a non-citizen cum non-LPR (visa period or residency/green card period
- Committing a crime culpable for removal from the U.S. as considered in the U/S. Immigration Laws (by a LPR/green card holder/ person with permanent residency as well as any other non-citizen).
The crimes culpable for removal are broadly classified into “Crimes of Moral Turpitude” (fraud, crimes involving dishonesty and theft, larceny, etc.) and “Aggravated felony” (like sexual abuse of a minor, child pornography, espionage, sabotage, money laundering, murder, rape, drug or firearms trafficking, treason/terroristic activity etc.)
Gavlin & Associates, P.C., New York has vast range of experience in handling removal proceedings at immigration courts as well as appeals in BIA and has helped numerous clients to evade the misery of being deported from the U.S. (being separated from immediate relatives and dear ones in most cases) in the most possible form permissible under law of the U.S.
Handling of such cases by immigration law experts from the very beginning is very important for a positive outcome as this includes the fool proof and comprehensive preparation of all documents proving the innocence of the client or proving the fact that the crime is not culpable to removal/deportation. Timely appeal to BIA is also important.
So we invite all our potential clients to rely upon us to handle their removal proceedings from the time you are served an administrative summons for the same.