For over two decades, the attorneys at Minikon Law, LLC have represented clients in immigration court proceedings. Persons who have overstayed their visas, engaged in activities that violate the terms of their visa, committed certain crimes, or entered the U.S. without permission, can be placed in removal proceedings. In addition, if an application for immigration benefits is denied and the applicant has no other status in the U.S., removal proceedings could be initiated or the case referred to an immigration judge. During removal proceedings, you could be detained. If detained, it is possible, in some instances, to apply for bond in order to be released.
Immigration and Customs Enforcement (ICE) is the unit of the Department of Homeland Security responsible for the removal process and the detention of persons in removal proceedings. Usually, a person can challenge and defend against their removal from the United States. To prevent removal, you can file an application for immigration benefits with the Immigration Judge. Common applications filed with the Court include requests for adjustment of status, asylum and withholding of removal, cancellation of removal and voluntary departure. Voluntary departure is available to those who qualify, who cannot file any applications for relief, or who wish to leave the U.S. on their own and avoid a removal or deportation order. If the person in removal proceedings can prove that he or she is already a U.S. citizen or is eligible to naturalize, proceedings could be terminated or administratively closed to allow naturalization.
If the judge denies the application, a motion to reopen or reconsider can be filed with the Court, or the decision of the Immigration Judge can be appealed to the Board of Immigration Appeals. If the Board of Immigration Appeals issues a denial, that decision can be appealed to the relevant federal Circuit Court of Appeals with jurisdiction over the case. All motions and appeals have deadlines, usually 30 or 90 days from the date of the decision. It is important to know the deadline applicable to the type of motion or appeal so it is not missed, and the opportunity for relief forfeited.
The federal courts can intervene in cases involving unreasonable delays by United States Citizenship and Immigration Services (USCIS) in issuing a decision on an application. If the federal court agrees that the delay is unreasonable, it would issue an order compelling a prompt decision by USCIS. Federal court intervention also is possible when a person wants to challenge his or her detention, before or after removal proceedings, because it is not supported, authorized, or required by the immigration laws, or the conditions or length of the detention is in violation of the law.
In naturalization cases, a denial decision by USCIS can be appealed by requesting administrative review. If the review results in another denial, you can appeal to federal district court and the court will make a decision on your application. In addition, the federal courts can review unreasonable delays in the adjudication of naturalization applications and order USCIS to make a decision on your application.
When you hire Minikon Law, LLC to represent you in your Immigration Court case, we do the following:
- Evaluate your case to assess your chances of success before your hearing
- Identify applications for relief you may be eligible to file
- Prepare your application for relief
- Advise you on the type of evidence needed to support your case
- Identify laws that support your eligibility to file the application and obtain relief from deportation and removal
- Research and provide the Court with evidence to support your claim for relief
- Prepare you and any witness(es) for your immigration court hearing
- Represent you at your immigration court hearing