A person placed in removal proceedings must be served with a Notice to Appear (NTA). The NTA will outline the Department of Homeland Security’s allegations against a person and will list the provisions of law pursuant to which the person is charged as subject to removal. If you become the subject of removal proceedings you may defend yourself against the charges brought by the Department of Homeland Security. Additionally, you may often apply for one or more forms of relief from removal. Our immigration law firm is able to provide representation for you in removal proceedings in Immigration Court including presentation of all forms of relief from removal.
Relief from Removal
You may be eligible for a form of relief from removal that could potentially end your proceedings, and perhaps provide other benefits such as permanent residency. Some of the common forms of relief are:
Withholding of Removal and Protection under the Convention Against Torture
Waivers of Removal
Adjustment of Status
If you, a friend, or family member is detained by the Department of Homeland Security, you will want to find out whether release on bond is a possibility. After a foreign national is detained, Immigration and Customs enforcement will make a custody determination and issue it on an official form called the Notice of Custody Determination, Form I-286. The forms provides Immigration and Customs Enforcement with a choice of three boxes to check regarding a custody decision: 1) the foreign national will be detained in the custody of the Department of Homeland Security; 2) the foreign national will be released under bond in an amount to be set by the Department of Homeland Security; 3) the foreign national will be released on his or her own recognizance, i.e. without payment. In many cases, a foreign national may request review of Immigration and Customs Enforcement by an immigration judge. In other cases, where the facts are such that the Immigration and Nationality Act prohibits release, no review may be requested.
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