Removal proceedings are a legal process whereby the U.S. Dept. of Homeland Security formally presents a charge of deportability against an non-U.S. citizen before the Immigration Court. Immigration Courts are an agency of the Executive Office for Immigration Review, and are part of the larger U.S. Dept. of Justice. Immigration Courts are specialized administrative tribunals where questions of deportability, as well as any relief from removal that the non-citizen may be eligible to seek, are addressed and resolved at an administrative hearing level. Adverse decisions from an Immigration Court are subject to an appeal of right before another sub-agency of the U.S. Dept. of Justice known as the Board of Immigration Appeals. Beyond this, a non-citizen may seek review of an adverse decision from the Board of Immigration Appeals before the U.S. Court of Appeals, but these higher federal circuit courts typically will not accept a case for review unless it finds unique issues of law and/or fact that have not yet been adjudicated within the circuit before.
Removal proceedings represent a time of great stress and uncertainty to an immigrant and his or her family. And yet there are forms of relief from removal, as well as various special waivers, available from the Immigration Court for certain qualified applicants. Benson & Benson can quickly evaluate the case of any person in removal proceedings to determine if he or she is eligible to seek release from detention, and which forms of relief from removal, if any, he or she may be eligible to seek. In addition, by working closely with clients and their families, Benson & Benson can help maximize the chance of a favorable outcome in these critically important immigration tribunals.
If you or a member of your family is facing deportation, call Benson & Benson for a consultation, and let us help you in your fight.