Removal Proceedings

There are many reasons people are placed into deportation or removal proceedings. Because of the complexity of the immigration laws and the procedural rules in immigration court, it is important to retain the services of an experienced immigration attorney as early in the process as possible. At Manesh & Mizrahi we have helped hundreds of clients through this difficult and complex process and obtained their legal right to remain in the United States.

We understand the worries, fears, and stress you and your family experience when faced with deportation. If you fear your immigration status is in jeopardy for whatever reason, please contact our offices today. We are dedicated to fighting your case and helping you file the appropriate petitions, obtain necessary documents and waivers, and file motions to reopen or appeal your case.

Removal proceedings against an alien are initiated when the U.S. Citizenship and Immigration Services (USCIS) files the Notice to Appear (NTA), alleging a particular charge of removability, with the Immigration Court.

Once the alien is placed in removal proceedings, the alien has an opportunity to challenge the charges of removability and to apply for various forms of relief. Our attorneys have extensive experience with the following forms of relief:

  • Cancellation of Removal
  • Waivers for Charged Inadmissibility
  • Adjustment of Status
  • Asylum
  • Withholding of Removal
  • Protection under the United Nations Convention Against Torture (CAT)
  • Voluntary Departure

Eligibility for each listed relief varies according to the statute, the charge of removability lodged, and the personal situation of each alien. Please contact our offices for an assessment of your particular case.

Inadmissibility & Deportability

During the removal proceeding, the immigration judge makes a determination of whether the alien should be removed based on a ground of “inadmissibility,” or a ground of “deportability.” This determination generally turns on whether the alien has been “admitted” into the United States.

A ) Grounds of Inadmissibility:

The following grounds of inadmissibility under section 212 of the Immigration and Nationality Act are the ones most frequently charged on the NTA in removal proceedings:

  • Crimes involving moral turpitude;
  • Drug crimes;
  • Controlled substance trafficking;
  • Multiple criminal convictions
  • Aliens present without permission or parole
  • Fraud;
  • Alien smugglers;
  • Lack of documentation upon attempted admission to the United States;

B ) Grounds of Deportability:

The following are charges of deportability pursuant to section 237 of the Immigration and Nationality Act that are commonly lodged by the USCIS on the NTA:

  • Inadmissible at time of admission or adjustment of status;
  • Violation of non-immigrant status;
  • Failure of an alien and the U.S. citizen spouse to file a joint petition to remove the condition at the end of the two years subsequent to becoming a conditional permanent resident;
  • Smuggling;
  • Marriage fraud;
  • Conviction of crime involving moral turpitude within five years of admission where the sentence imposed may have been for one year or more;
  • Two convictions for a crime involving moral turpitude
  • Aggravated felony;
  • Controlled substance conviction;
  • Drug abusers and addicts deportable at any time after admission;
  • Firearms offenses;
  • Crimes of domestic violence, stalking, and violations of protection orders.

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