Deportation Defense

Representation In Removal (Deportation) Hearings

Blake Nordahl has extensive experience in representing both permanent residents and non permanent residents in removal proceedings before the Immigration Court. Prior to entering private practice, Mr. Nordahl worked as an attorney advisor at the Immigration Court in San Diego through the U.S. Department of Justice Honor's Program.

How Can I Be Placed Into Removal Proceedings?

If you are not a U.S. citizen you may be put into removal proceedings as a result of any of several events including:

Past criminal conduct and convictions
After denial of an application for asylum
After denial of other immigration applications
Discovery of immigration violations

Increasingly, the U.S. government is placing permanent residents into removal proceedings based on criminal convictions that occurred many years ago. These individuals are often arrested when coming back to the United States from a trip abroad. They may be placed into removal proceedings even if their last criminal conviction happened decades ago. You should speak with an immigration attorney prior to any trips outside the United States.

Will I Be Placed Into Immigration Custody?

The general law on custody issues is at section 236 of the Immigration and Nationality Act.
Whether you will be placed into detention depends on:

Past criminal history
Whether the DHS believes that you are a flight risk or danger to the community

If you are placed into custody, you may be eligible for bond. This will depend on:

Your past criminal history, if any, including the type of offense(s) and the date of your last conviction

If you are placed in custody, who has the power to give you a bond depends on whether you are charged with inadmissibility or removability:

If you are charged with inadmissibility, an Immigration Judge does not have the power to hear your request for bond. You must make your request to the DHS.
If you are charged with removability, you may request that an Immigration Judge review your bond situation.

If you are eligible for a bond, the Immigration Judge will look to see if you are a flight risk or a danger to the community when he decides if he will release you on bond.

You are generally only allowed one bond hearing. In order to have a second or additional bond hearing, you must show that your circumstances have changed in a material way since your last bond hearing. Based on this limit on the number of bond requests you can make, it is important to obtain an attorney to work with you, prior to your bond hearing.

Do I Have the Right to an Attorney?

You have the right to an attorney. Removal hearings are complex legal proceedings and the stakes are high. If you win your case, you will be a able to remain legally in the United States. If you lose, you will be potentially forced to leave the United States for the rest of your life. Having an experienced immigration attorney on your side is important. The DHS will be represented by an attorney.

What Happens in Immigration Court?

The removal process starts when the DHS provides you with the charges against you in a Notice to Appear.

After review of the charges, your attorney will admit or deny the factual allegations and charges alleged against you at a master calendar hearing.

If you deny the charges, the DHS will generally have to prove that the charges are true. This will happen in a contested removal hearing.

If the DHS cannot prove the charges are true, you will not be deported.

If you admit the charges, or after the DHS proves the charges, the Immigration Judge will ask your attorney what relief applications, if any, you want to make.

Even if you are removable, you may be eligible for several types of relief including:

Cancellation of Removal
Asylum or related relief
Adjustment of status to permanent resident
Other waivers such as 212(c) and 212(h) waivers

With the assistance of your attorney you will present your application for relief to the Immigration Judge at an individual hearing several months after the master calendar hearing. This individual hearing usually takes about two to three hours. After you have presented your application for relief the DHS attorney will have an opportunity to ask you questions about your case. At the conclusion of the hearing, the Immigration Judge will make a decision in your case. Usually the Judge will make a decision on the same day as your individual hearing.