| Deportation & Immigration Court > General Deportation & Immigration Court Information |
Deportation cases generally begin when the US Government issues a Notice to Appear charging the alien as deportable and alleging facts that support the charge. The Notice to Appear is similar to a charging document in the criminal context. The Notice to Appear contains allegations, which, if proven true, may result in the alien being found deportable. The alien can dispute the allegations and deportation charge in the Notice to Appear. If the alien disputes the allegations and charge, the US Immigration and Customs Enforcement Agency must prove the allegations and charge. If the Immigration Judge finds that the allegations and charge are true, the alien is found deportable; however, there may still be forms of relief available to the alien such as cancellation of removal, 212(c) relief, deportation defense, TPS and asylum. If an alien is detained pending the removal proceedings, it is often possible to secure the release of the alien on bond. This allows the alien to remain outside of prison awaiting the deportation proceedings. Strategically, release on bond is important, because the alien can help with the preparation of the deportation defense case much easier. Additionally, some immigration courts are more immigrant-friendly than others. For example, the immigration court in Lancaster, California, which handles deportation cases for those detained, tends to be tougher for deportation defense when compared to downtown Los Angeles. If an alien lose the deportation case, there are still options available. The alien can appeal the decision to the Board of Immigration Appeals. Additionally, the alien can pursue a motion to reopen or motion to reconsider in some circumstances. .
How The Nuñez Firm can help you: The Nuñez Firm offers free and confidential consultations to determine if you can avoid deportation. The free and confidential consultation will provide you with a better understanding of the options available to you, the chances of success and an estimate of the attorney fees associated with the representation. |
