AREAS OF REPRESENTATION
Court representation in immigration refers to the legal assistance provided by an attorney on behalf of individuals involved in immigration proceedings. Immigration court representation is particularly important for those facing removal or deportation proceedings in the United States. Our attorneys at Moreno Law can provide essential guidance, advocacy, and support throughout the complex immigration court process.
At Moreno Law we complete a full assessment of each clients’ case to determine what relief and deportation defenses are available.
Here are the key aspects of court representation in immigration:
- Removal Proceedings: Court representation in immigration primarily relates to removal proceedings, which are initiated by the U.S. government when it seeks to remove a non-citizen from the country due to immigration violations, criminal convictions, or other reasons.
- Evidence Presentation: Our Attorneys have experience presenting relevant evidence that supports our clients’ cases. This can include documentation, witness testimonies, country conditions reports, expert opinions, and other information that strengthens the legal arguments.
- Board of Immigration Appeals representation: If a case does not receive a favorable outcome at the immigration court level, our attorneys can guide clients through the appeals process and represent them in federal court if necessary.
- Credible Fear Interview and Asylum Representation: Our Attorneys represent individuals who are seeking asylum or protection based on a credible fear of persecution in their home country. They prepare asylum applications, gather evidence, and present compelling arguments to immigration judges.
- Language and Cultural Assistance: Our Attorneys provide essential language assistance and cultural context for individuals who may not be fluent in English or fully understand the intricacies of U.S. immigration law.
Court representation in immigration plays a critical role in ensuring due process, protecting individuals’ rights, and helping them achieve the best possible outcome in their immigration cases. It can be especially vital for individuals who are facing the complex and high-stakes nature of removal proceedings.
Cancellation of Removal
If you or your family member are put into “removal” proceedings that means deportation proceedings are initiated. Removal proceedings are initiated with the issuance of a Notice to Appear (NTA), which sets forth the government’s allegations against the foreign national and the basis for removability. The foreign national will be issued a hearing notice and must appear before the immigration court in their district.
At Moreno Law we complete a full assessment of each client’s case to verify 1) whether removal proceedings were correctly initiated and/or what relief and deportation defenses are available.
Cancellation of Removal is a form of relief from deportation or removal that is available to certain non-permanent residents who are facing removal proceedings in the United States. This legal process allows eligible individuals to request that the immigration judge cancel their removal and grant them lawful permanent resident status (a green card) if specific criteria are met.
There are two main categories of Cancellation of Removal, each with its own set of eligibility requirements:
- Cancellation of Removal for Lawful Permanent Residents (LPRs):
This form of cancellation is available to lawful permanent residents who are facing removal due to certain criminal convictions. To be eligible, the LPR must meet the following criteria:
– Have been a lawful permanent resident for at least five years.
– Have continuously resided in the U.S. for at least seven years after being admitted in any status.
– Have not been convicted of an aggravated felony.
If these criteria are met, the immigration judge may grant Cancellation of Removal for LPRs, allowing the individual to retain their green card and remain in the U.S.
- Cancellation of Removal for Non-Lawful Permanent Residents (Non-LPRs):
This form of cancellation is available to certain non-permanent residents who are facing removal proceedings. To be eligible, the non-LPR must meet the following criteria:
– Have continuously resided in the U.S. for at least ten years.
– Have been a person of good moral character during the ten-year period.
– Demonstrate that their removal would result in exceptional and extremely unusual hardship to their U.S. citizen or LPR spouse, parent, or child.
The requirement of proving “exceptional and extremely unusual hardship” to a qualifying relative is often a significant challenge in these cases. If approved, the individual is granted a green card, allowing them to remain in the U.S. as a lawful permanent resident.
It is important to note that Cancellation of Removal is a discretionary form of relief, meaning that even if an individual meets the eligibility criteria, the immigration judge has the authority to decide whether to grant this relief based on the specific circumstances of the case. The judge considers factors such as the person’s immigration history, ties to the U.S., criminal record, family situation, and more.
Cancellation of Removal provides an opportunity for certain non-permanent residents who are facing deportation to legally remain in the U.S. and obtain permanent resident status, but it requires a thorough understanding of immigration law and the guidance of legal professionals to navigate successfully.