Long Beach Deportation Attorney
Facing deportation or removal from the United States is an extremely stressful situation. More especially so, if you have lived here for a long time, have established roots, and have family and loved ones residing here. If you or someone you love is facing deportation or removal from this country, the Law Offices of Angela Novas McGill will fight for you in the immigration court. She represents numerous permanent residents in immigration court facing deportation due to a past criminal conviction. She also represents those facing deportation due to a lack of legal status the United States.
An individual may face deportation from the United States because of illegal entry into the country or because he or she has overstayed an original visa. For these individuals, depending on their situation, options that may be available include asylum, cancellation of removal, or adjustment of status.
Deportation Defense Attorney Long Beach
For permanent residents and others facing deportation due to criminal convictions, the immigration court will decide whether the conviction is grounds for deportation and, if so, whether the person is eligible for a waiver, such as 212(c) or 212(h) or cancellation of removal. A 212(c) waiver is available to those whose conviction predates April 1, 1997, have rehabilitated and reformed their lives. A 212(h) waiver allows certain individuals to obtain legal status through a family member even though they have a criminal conviction.
Bond hearings
Individuals facing deportation due to a criminal conviction may be held at an immigration detention center during the pendency of removal proceedings. Individuals with most criminal convictions are subject to mandatory detention and, a few others, may be eligible for bond. At a bond hearing the immigration judge will first determine if the individual is subject to mandatory detention and, if he is not, the judge will determine if the individual poses a risk of flight or is a danger to the community if he is released.
Rodriguez Bonds
In August of 2013 the Ninth Circuit Court of Appeal in Rodriguez v. ________, ordered bond hearings for detainees subject to mandatory detention who had been locked up for six months or more while fighting their deportation case. Such an individual can request a bond hearing and, in order for bond to be denied, the U.S. government must prove that the applicant is a risk of flight or a danger to the community.
In some limited circumstances an applicant may be eligible to request to reopen an old deportation or removal or case. An order of removal in your absence, for example, can be reopened if your failure to appear was due to lack of notice of the hearing or if you didn't attend the hearing due to exceptional circumstances beyond your control. Yet, in other situations you may file a motion to reopen on the grounds that the your attorney's representation was ineffective.
Are you facing deportation or removal from the U.S.? Contact Long Beach Deportation Defense Attorney Angela Novas McGill today to schedule a consultation regarding your immigration situation.