Detention and Removal

Who is Subject to Removal?

Anyone who is not a U.S. citizen can be subject to removal if he or she is convicted of certain criminal offenses, such as crimes of violence, drug offenses, or crimes of fraud. One may also be subject to removal if he or she is here illegally or entered the United States legally with a visa, but stayed longer than authorized. If you commit fraud on a visa or passport application, you may face both removal and criminal prosecution.

Under the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq., the Attorney General may remove certain classes of non-citizens from this country—for instance, those who have been convicted of crimes involving moral turpitude, firearms offenses, various drug offenses and those who have been “convicted of an aggravated felony at any time after admission”. The term “aggravated felony” is defined expansively under the INA. Among the numerous state and federal offenses that qualify, the immigration code lists “a crime of violence for which the term of imprisonment is at least one year.

Am I entitled to a Lawyer?

Should you be arrested or detained by ICE or issued a Notice to Appear, your case will be heard before an Immigration Judge. You have the right to a lawyer, but the government will not pay for that lawyer. 8 U.S.C. §1362. This means that you cannot get a public defender for Immigration Court.

What will happen the first time I go to Immigration Court?

Your first hearing is the Master Calendar Hearing. An Immigration Judge will be there and so will a government lawyer who is trying to deport you. If you do not speak English well, the Immigration Court must have an interpreter for you. If there is no interpreter, ask for another hearing with an interpreter.

Can I ask for more time to find a lawyer?

Yes. You can ask the Immigration Judge for more time to find a lawyer. Usually the Judge will give you at least one or two weeks to look for a lawyer.

Immigration law is strict. However, even if the charges brought by the government against you are true, you may still have a defense and be able to stay here. That is why you should retain an experienced immigration lawyer. Immigration applications, petitions, and appeals have tight deadlines. Your delay could cause you to lose your case.

For your benefit, your options should be evaluated by an immigration attorney as soon as possible. Contact us today.