Deportation & Removal Proceedings

Home/Practice Areas/Immigration/Deportation & Removal Proceedings
Deportation & Removal Proceedings 2016-11-14T23:35:07+00:00

Removal proceedings are a nightmare. At Gopal & Pedigo, PC, we understand what is at stake. We know how badly you want to keep your job, and stay with your family and friends. We have extensive experience in immigration law. We have stayed on the cutting edge of every change in order to best serve our clients. If you or someone you love faces the possibility of removal, call Gopal & Pedigo, PC right away. The sooner you consult us, the sooner we can put our knowledge and experience in your corner.

We handle deportation and removal proceedings that involve:

  • Inadmissible alien according to immigration laws in effect at the time of entry to the U.S. or adjustment of nonimmigrant status;
  • Present in the U.S. in violation of the Immigration and Nationality Act or any other U.S. law;
  • Violated nonimmigrant status or a condition of entry into the U.S.;
  • Terminated a conditional permanent residence;
  • Encouraged or aided any other alien to enter the U.S. illegally;
  • Engaged in marriage fraud to gain admission to the U.S.;
  • Was convicted of certain criminal offenses;
  • Failed to register or falsified documents relating to entry in to the U.S.;
  • Engaged in any activity that endangers public safety or creates a risk of national security; or
  • Engaged in unlawful voting.

The VAWA Exception

Victims of spousal abuse often feel trapped when their immigration status is at issue. The Violence Against Women Act (VAWA) allows an abused spouse to self-petition for adjustment of status. It also allows for a cancellation of removal if the victim is placed in removal proceedings.

For further details about VAWA and other ways to prevent deportation, please contact our office.

Deportation or Removal Process

  • A Notice to Appear (NTA) is issued by the U.S. Immigration and Customs Enforcement, served to the alien, and filed with the immigration court. In addition to containing general information about the immigrant (name, country of origin, etc.), the NTA also states the reasons for the deportation or removal.
  • A hearing is scheduled, at which the immigration judge asks if the alien is ready to proceed with the case, or if he or she needs time to secure an attorney. If the alien needs time to secure an attorney, a hearing is scheduled for a later date.
  • Once the alien has an attorney, or has elected to proceed without one, the alien will be asked by the immigration judge to verify the contents of the NTA.
  • If the judge determines that the information in the NTA is correct and that the alien can be deported, the alien is given the opportunity to apply for any form of relief from deportation. If the alien is eligible for a form of relief and decides to apply for it, an individual hearing date is scheduled. If the alien is not eligible, deportation will be ordered.
  • If an individual hearing is held, the alien will be given the opportunity to give testimony and have witnesses testify on his or her behalf. At the conclusion of the hearing, the immigration judge will either make an oral decision on the matter, or will release a written decision at a later date.
  • If the alien has been ordered deported, the alien has 30 days from the date of the decision to appeal the decision to the Board of Immigration Appeals (BIA). If the BIA decides against the alien, the alien has the option of appealing to the appropriate U.S. Court of Appeals. The immigration service has the opportunity to appeal an unfavorable individual hearing decision, but may not appeal an unfavorable decision by the BIA. An appellate court decision can be appealed to the U.S. Supreme Court by either the alien or the immigration service.

For more information, contact Gopal & Pedigo, PC for an experienced immigration lawyer who is dedicated to offering exceptional legal services nationwide to those who need us most.