Our outstanding legal staff is dedicated to zealously protecting the rights of our clients. We aim to defend our clients’ rights, stop unjust deportations, and combat immigration attempts at deportations of foreign nationals by pursuing all available legal remedies in removal proceedings. We review Notice to Appear to determine that proceedings were properly initiated. We are experts in trial work and have helped clients with their cases of Cancellation of Removal, Applications for Political Asylum, Adjustment of Status and waivers of inadmissibility while in removal proceedings. We review criminal acts to assure that are squarely within deportation grounds.
There exists relief from removal or deportation. Our experienced attorneys carefully evaluate the factual scenario to determine whether the grounds of removal are appropriate. When a foreign is properly subject to deportation or removal, eligibility for relief from deportation or removal may be available in the forms of waivers of deportation or other forms of discretionary and/or mandatory relief. Some of these forms of deportation relief include but are not limited to:
Reasons for being placed on deportation or removal proceedings:
Foreign nationals who are not in the United States in legal status or whose legal status is threatened because of an unauthorized act may be placed on removal proceedings. Many criminal acts result in the initiation of removal proceedings.
While there are many crimes that could form the basis for deportation, the most common are:
Criminal acts often have severe immigration consequences and it is critical to retain the most qualified attorney to assist in defending removal.
For a waiver case, Immigration Judges will weigh the bad acts with the totality of circumstances and consider the following:
Many foreign nationals are now taken into custody, including for those at the border. Immigration violations now make up the majority of Federal prosecutions. Bond determinations may be possible but are severely restricted for those who have committed crimes
Section 236(c) of the Immigration and Nationality Act lists broad categories of noncitizens who are subject to mandatory detention based on their removability under specific criminal and security related provisions. In Demore v. Kim, 123 S. Ct. 1708 (2003), the US Supreme Court upheld the government’s right to detain classes of lawful permanent residents without individualized bond hearings to determine whether they pose a flight risk or danger to the community.
Mandatory detention only applied to foreign nationals who have committed the class of crimes and who were released from criminal custody after October 8, 1998.
With such significant repercussions arising to those in removal or deportation proceedings, it is critical to have the best legal defense. Oltarsh & Associates can provide the best legal defense and build a winning case. We have done so for countless foreign nationals in our decades of practice in New York. Please reach out to us to discuss your case.