When a foreign national has been detained and/or placed in removal or deportation proceedings, there are many options that must be explored. These depend on the facts of the case and the circumstances that led to the individual's detention. Below is a list of potential forms of relief or actions that can be taken on behalf of such individual.
Asylum, Withholding of Removal and CAT
If a foreign national has been persecuted or has a fear of future persecution on account of race, religion, nationality, political opinion or membership in a particular social group, he or she may apply for asylum. Asylum is a time sensitive form of relief. Therefore, a timely analysis of the facts and the circumstances of your case is crucial. Even when the individual has not filed a timely asylum claim or where the particular facts and issues of the case make him ineligible for asylum, the individual may still have options.
Appeal to the Board of Immigration Appeals (BIA)
The party wishing to appeal the immigration judge's decision can file an appeal with the BIA within the time provided to do so, which is generally 30 days from the date of the decision. If an adverse decision has been issued against you, it is a good idea to seek the advise of an attorney to determine whether an appeal is possible.
Foreign nationals who have been detained may apply for bond and may be released pending the outcome of the case. The facts of his or her particular case are crucial for a determination of this sort. Schedule a consultation with the attorney in order to best evaluate whether there is possibility for bond. A visit to the detention center is the best way to determine that eligibility. If released on bond, the individual will be required to pay for the amount set by the judge and comply with all the conditions of release which could include supervision through the Department of Homeland Security (DHS).
Cancellation of Removal (for Lawful Permanent Residents and for Non-Lawful Permanent Residents)
This relief is available before an immigration judge. If you are a lawful permanent resident, the requirements will be different than if you are not. Because a judge will determine in his or her discretion whether to grant or deny this form of relief, it is important that clients provide as much evidence as required by the attorney. Evidence of good moral character, community and family ties and physical presence can tip the scales in favor of an applicant. If granted, you will be awarded Lawful Permanent Resident status.
Motion to Reopen and/or Motions to Reconsider
When an adverse decision has been issued and new evidence that would change the outcome of the case emerges, you may file a Motion to Reopen and/or a Motion to Reconsider before the U.S. Immigration Court, the Board of Immigration Appeals (BIA), the U.S. Citizenship and Immigration Service (USCIS), the Administrative Appeals Office (AAO), or even before consular offices of the U.S. Department of State abroad. Motions to reopen and/or reconsider are time-sensitive and require immediate action after the adverse decision has been issued by the agency or court. If your case has been denied, contact us so we may evaluate the facts of your case and determine whether there is likelihood that with the filing of such motion your case may have a different outcome.
Stay of Removal
If you have a prior order of deportation or removal, you may still stop such removal or deportation by filing a request before the Enforcement and Removal Operations office (ICE-ERO). An application for stay of removal is time-sensitive and requires the submission of evidence that supports the application. Securing the services of a competent attorney at this stage is crucial due in part to the fact that approval or denial of said request is within the sole discretion of the government agency. There is no appeal for a denial of a stay of removal.