Individuals who are found to be removable are placed in administrative proceedings before an Immigration Judge. Once the individual is found removable, he or she can apply for one or more forms of relief to avoid being ordered removed/deported from the U.S. Our office has successfully obtained the following types of relief for clients in removal proceedings:
Motions and Administrative Appeals
An individual may move to reopen and/or reconsider a previous decision by filing a timely motion with the Immigration Judge. The filing of such motions does not suspend the execution of a removal decision unless a "stay of removal" is granted by the Immigration Judge, the Board of Immigration Appeals (BIA), DHS, or the individual seeks to reopen an in abstentia order (an order issued by an Immigration Judge when the individual was absent at the proceedings).
When an individual or DHS disagrees with the decision of an Immigration Judge, the decision can be appealed to the BIA (motions to reopen and/or reconsider can also be filed with the BIA). The BIA can either dismiss or sustain the appeal, remand the case back to the Immigration Judge, or, in rare cases, refer the case to the Attorney General for a decision. A precedent decision by the BIA is binding on DHS and Immigration Judges throughout the country unless the Attorney General modifies or overturns the decision.
Under the immigration laws, the Federal Courts of Appeal have the authority to hear certain decisions appealed from the BIA. In certain circumstances complaints can be filed directly with the District Court.
Our federal litigation practice has included: