DEPORTATION
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When you attend a removal (deportation) proceeding, make sure that you walk into the courtroom accompanied by the most experienced and knowledgeable attorney that you can find. Why? Because the government will be represented by an attorney who has probably appeared in hundreds, or even thousands, of such hearings. (I know - I once served as an INS Trial Attorney.) If your attorney is not knowledgeable and experienced, you will be at a distinct disadvantage.
Too many people facing removal proceedings do not take the time to find the best and most experienced attorney to represent them. They look for an inexpensive attorney or, worse yet, appear without an attorney. This is a recipe for disaster. Why? Because you are creating a record before the Immigration Judge. If you lose, and then hire a new (and improved) attorney to appeal the Judge's decision, he will be saddled with the record of proceedings that you, or your inexpensive (and probably inexperienced) attorney, created before the Judge.
The record of proceedings consists of the transcript of the hearing and the exhibits, including copies of any applications submitted on your behalf.If you do not make a good record before the Judge, it may be difficult for your new attorney to win your appeal.
The Board of Immigration Appeals (BIA), which rules on appeals, never sees or hears from you.They only see the printed record, the decision of the Immigration Judge and the attorneys' legal briefs.
Once the BIA rules against you and you finally decide to hire a great immigration attorney to take your case to Federal Court, the court must rely on the record of proceedings. You never get the chance to testify in court.
With this in mind, use the information contained in the following articles and links tohelp you avoid deportation, and become a permanent resident of the United States.
This page is divided into the following subtopics:
SUCCESS STORIES
Bringing a Deported Spouse Back to the U.S. (April 2009)
From Deportation Proceedings to U.S. Citizenship (March 2009)
Saving a Science Superstar from Deportation (February 2009)
How to Get a Client Out of Immigration Jail (January 2009)
Helping Unaccompanied Immigrant Children (January 2008)
Cabrera Family Wins Right to Remain in U.S. (March 2007)
Relief from Removal - "A Tale of Two Cities" (August 2005)
Returning to the U.S. After Deportation (July 2005)
Deportation: Winning Your Case in Immigration Court (May 2004)
Illegal Marine Gains Green Card
Honor Student Beats Deportation
Winning Your Case in Immigration Court
Cancellation of Removal for Non-Permanent Residents
Asylum: Winning Your Case
INS Cracks Down On Visitors, Students and Absconders
Deportation Proceedings: Telling It To The Judge
How To Avoid Deportation
Winning Your Case in Immigration Court
Attorney General Vacates Compean Order (6-03-09)
Attorney General Holder Reverses "No Right to Effective Assistance of Counsel" Decision (6-03-09)
Attorney General Mukasey Rules No Right to Effective Assistance of Counsel (1-07-09)
AILF's Letter to Attorney General Holder Regarding Matter of Compean (2-06-09)
Ineffective Assistance of Counsel - Latest Developments and Additional Resources (AILF)
Attorney General Ends Constitutional Protection For Immigrants From Lawyers' Mistakes (ACLU)
Immigration Benefits in EOIR Removal Proceedings (USCIS)
Notice to Individuals Granted Immigration Benefits by Immigration Judge or Board of Immigration Appeals (USCIS)
Fact Sheet - DHS Procedures for Implemention of EOIR Background Checks Regulations for Aliens Seeking Relief from Removal (8-08-06)
Immigration Judge Marks' Comments to the 9th Circuit Court of Appeals (June 2006)
Jama v. ICE - Supreme Court Upholds Law Which Permits Alien to be Removed to Country Without that Country's Advanced Consent (1-13-05)
Morales v. Izquierdo v. Ashcroft - 9th Circuit Appeals Court Voids INS Re-Instatement of Removal Rules (11-18-04)
EOIR Press Release: Final 212(c) Regulations (9-29-04)
Final 212(c) Regulations (9-28-04)
Forms of Relief From Removal - EOIR (8-03-04)
Calcano-Martinez vs. INS:
BIA Defines "Exceptional And Extremely Unusual Hardship" For Purposes Of Cancellation of Removal in Matter Of Monreal
INS Fact Sheet On Prosecutorial Discretion
INS Memo On Prosecutorial Discretion (11-17-00)
EOIR Regulation Regarding §212(c) Relief (1-22-01)
Proposed Regulation Rescinding Matter of Soriano (7-18-00)
AILA Press Release In Response To Proposed Regulation Rescinding Matter of Soriano
INS Memorandum Regarding Prosecutorial Discretion
Regulations Concerning Appeals and Motions
Adjudicating Requests for Stays at the Board of Immigration Appeals
Reinstatement of Removal (Practice Advisory from AILF, 4-23-08)
St. Cyr Regulations And Strategies For Applicants Who Are Barred From Section 212(C) Relief Under The Regulations (10-19-04)
Proposed St. Cyr Regulations (8-29-02)
St. Cyr and Accrual of Lawful Unrelinquished Domicile (10-25-01)
Who Should Benefit From St. Cyr? (8-1-01)
U.S. Supreme Court Decisions Regarding INA.212(c) and Jurisdiction (6-28-01)
Julie L. Myers, Prosecutorial and Custody Discretion Memo (11-7-07)
William J. Howard, Prosecutorial Discretion Memo (10-24-05)
Doris Meissner, Exercising Prosecutorial Discretion Memo (11-17-00)
Criminal Offenses - Cases, Regulations, and Practice Advisories
Detention - Guidance and Resources for Detainees and Their Families
Ban on Illegal Workers is Hard to Enforce (NPR) - 2-17-04
Office of Immigration Litigation
Immigration Litigation Bulletin (Office of Immigration Litigation)
TRAC - INS (Provides Comprehensive Independent Information About INS Enforcement)
General Information
Immigration Courts
Board of Immigration Appeals
The Office of the Chief Administrative Hearing Officer
Cabrera Family Wins Right to Remain in the U.S. (2007)
VICTORY! Judge's Decision Granting the Cabreras' Application for Cancellation of Removal (January 18, 2007)
Court Order Granting Respondent's Motion to Remand (April 11, 2005)
Respondent's Motion to Remand (February 9, 2005)
Petitioners' Brief before U.S. Court of Appeals, 9th Circuit (August 5, 2004)
BIA Dismisses Motion to Reconsider (June 18, 2004)
Federal Court Grants Stay of Removal and Denies Government's Motion to Dismiss (May 20, 2004)
Petitioners' Reply to Government's Motion to Dismiss (January 29, 2004)
Government's Motion to Dismiss (January 16, 2004)
U.S. Rep. Roybal-Allard and Senator Feinstein Introduce Legislation To Assist Family Facing Deportation (December 9, 2003)
Private Bill Introduced in Senate - S. 1985 (December 9, 2003)
Private Bill Introduced in House of Representatives - H.R. 3700 (December 8, 2003)
Familia lucha por seguir en EU - Associated Press (December 4, 2003)
Immigration Policy Becomes Family Matter - LA Times (October 27, 2003)
Immigration Judge's Decision & BIA Reversal
Petition for Review Submitted to U.S. Court of Appeals, 9th Circuit (October 2003)
Motion to Reopen Submitted to BIA (October 2003)
Iturribarria vs. INS - (9th Cir. 2003)
Fajardo vs. INS - (9th Cir. 2002)
Socop-Gonzalez vs. INS - En Banc (9th Cir. 2001)
Jobe vs. INS - 238 F.3d 96 - En Banc (1st Cir. 2001)
Varela vs. INS - 204 F.3d 1237 (9th Cir. 2000)
Lopez vs. INS - 184 F.3d 1097 (9th Cir. 1999)
Immigration Law and Federal Courts
AILF LITIGATION CLEARINGHOUSE NEWSLETTER (2-2-09)
AILF LITIGATION CLEARINGHOUSE NEWSLETTER (1-9-09)
AILF LITIGATION CLEARINGHOUSE NEWSLETTER (11-26-08)
AILF LITIGATION CLEARINGHOUSE NEWSLETTER (10-23-08)
AILF LITIGATION CLEARINGHOUSE NEWSLETTER (9-15-08)
AILF LITIGATION CLEARINGHOUSE NEWSLETTER (7-11-08)
AILF LITIGATION CLEARINGHOUSE NEWSLETTER (6-20-08)
Voluntary Departure Q&A (12-22-08)
Dada v. Mukasey Q & A: Preliminary Analysis and Approaches to Consider (6-17-08)
Orozco v. Mukasey: Current Status of the Case and Preliminary Strategies (5-19-08)
Terminating Removal Proceedings to Pursue Naturalization before DHS: Strategies for Challenging Matter of Acosta Hidalgo (3-18-08)
§ 212(h) Eligibility: Case Law and Potential Arguments (1-22-08)
Rescinding an In Absentia Order of Removal (5-20-02, Amended 9-21-04)
Protecting Your Client When Prior Counsel Was Ineffective (4-02)
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