When you attend a removal or deportation hearing before an Immigration Judge, make sure that you walk into the courtroom accompanied by the most experienced and knowledgeable deportation defense 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 deportation hearings. I know – I am a former INS Trial Attorney.
You can stay up-to-date with the latest immigration laws and procedures by subscribing to our Free E-Mail Newsletter.
If your attorney is not knowledgeable or experienced in deportation defense, you will be at a distinct disadvantage. Too many people appear at their removal hearings without taking the time to find the best and most experienced deportation defense attorney to represent them.
Client Reviews
Highly Ethical, Professional, Trustworthy and Attentive
“We hired an immigration attorney from the Law Offices of Carl Shusterman when my husband faced deportation proceedings. He had a tremendously complicated case, yet they were able to reopen it by the BIA and follow through to finish by acquiring a green card for him. His attorney was Jennifer Rozdzielski. She is highly ethical, professional, trustworthy, and attentive. Jennifer made our dreams come true by helping keep our family together. Would highly recommend.”
- Anna, Los Angeles, California
Read More Reviews
Zoom Consultations Available!
Instead, 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 better attorney to appeal the Judge’s decision, he will be saddled with the record of proceedings that you, or your inexpensive 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 deportation attorney to win your appeal.
Even if an Immigration Judge finds you deportable, there are various forms of relief from deportation including:
- Adjustment of Status
- Cancellation of Removal for Permanent Residents
- Cancellation of Removal for Non-Permanent Residents
- Asylum
- Withholding of Removal
- Convention Against Torture
- Voluntary Departure
The Board of Immigration Appeals (BIA) is located in Falls Church, Virginia. The BIA never sees nor hears from you. They only see the printed record, the decision of the Immigration Judge and the attorneys’ legal briefs. If 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 to help you avoid deportation, and become a permanent resident of the United States.
U.S. immigration authorities would like to issue photo ID cards to immigrants in deportation proceedings. The plan is still being developed as a pilot program by ICE. The cards will not be an official form of federal identification but will be used by the Department of Homeland Security. The cards would allow immigrants to access information about their deportation defense cases online. The Biden administration is hoping for $10 million in a budget proposal for the next fiscal year to fund it but it is not clear if the money would be used to cover the pilot or a broader program.
Related Pages:
- Criminal Offenses
- Aggravated Felonies
- Cancellation of Removal: A Case Study
- Deportation Defense Videos
- Detention
- Executive Office for Immigration Review (EOIR)
- Expedited Removal – Deportation without a Hearing
- ICE/INS Prosecutorial Discretion Memos
- Immigration Courts
- Board of Immigration Appeals (BIA)
- Federal Courts
The Deportation Defense Guide is divided into the following subtopics:
- Success Stories – Deportation Defense
- Relief from Deportation
- Immigration Enforcement
- Equitable Tolling
- False Claims to US Citizenship
- Practice Advisories for Deportation Defense
SUCCESS STORIES – DEPORTATION DEFENSE
- Deportation – Green Card Holder Fights Back and Wins!
- Deportation? No. US Citizenship? Yes!
- Saving a Client from Deportation (Part II)
- Saving a Client from Deportation (Part I)
- Is It Unauthorized Employment to Run a Business?
- Overcoming the Complications of Being “Waved in”
- Using LPR Cancellation of Removal to Avoid Deportation
- Saving a Divorcee from Deportation
- Immigrant Family’s Kafkaesque Ordeal
- Bringing a Deported Spouse Back to the U.S.
- From Deportation Proceedings to U.S. Citizenship
- Saving a Science Superstar from Deportation
- How to Get a Client Out of Immigration Jail
- Helping Unaccompanied Immigrant Children
- Cabrera Family Wins Right to Remain in U.S.
- Relief from Removal – “A Tale of Two Cities”
- Returning to the U.S. After Deportation
- Deportation: Winning Your Case in Immigration Court
- Illegal Marine Gains Green Card
- Honor Student Beats Deportation
Deportation Defense
- How To Avoid Deportation
- Winning Your Case in Immigration Court
- Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion – Doyle Memo (4-3-22)
- Singh v. Garland – 9th Circuit Court of Appeals (2-4-22)
- Guidelines for the Enforcement of Civil Immigration Law (9-30-21)
- Rodriguez v. Garland – 5th Circuit Court of Appeals (9-27-21)
- 9th Circuit Rejects “Departure Bar” to Reopening Deportation Cases (6-03-21)
- Rubalcaba v. Garland (9th Circuit, 6-02-21)
- Administrative Closure and Motions to Recalendar (June 2017)
- Supreme Court to Hear Immigrant’s Reversal of a Plea in an Attempt to Avoid Deportation (3-24-17)
- Immigration Judges Headed to 12 US Cities to Speed Deportations (3-17-17)
- Court Deportations Drop 43 Percent in Past Five Years (4-16-14)
- Court Orders DHS to Provide Representation to Mentally Disabled Detainees (4-23-13)
- Fact Sheet – USCIS and ICE Procedures Implementing EOIR Regulations on Background and Security Checks on Individuals Seeking Relief or Protection from Removal In Immigration Court or Before the BIA (8-22-11)
- Attorney General Vacates Compean Order (6-03-09)
- Immigration Benefits in EOIR Removal Proceedings (USCIS)
- Notice to Individuals Granted Immigration Benefits by Immigration Judge or Board of Immigration Appeals (USCIS)
- 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)
- Calcano-Martinez vs. INS: Supreme Court Holds That Right to Habeas Corpus Preserved For Persons Challenging Orders of Removal (6-25-01)
Immigration Enforcement
Equitable Tolling
- Mejia-Hernandez vs. Holder (9th Cir. 2011)
- Singh v. Gonzales (9th Cir. 2007)
- Albillo-De Leon v. Gonzales (9th Cir. 2005)
- Fajardo vs. INS (9th Cir. 2002)
- Socop-Gonzalez v. 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)
False Claims to US Citizenship
- Determining False Claim to U.S. Citizenship – USCIS Policy Manual, Chapter 2
- New USCIS Policy Guidance on Inadmissibility Based on False Claim to Citizenship (5-20-20)
- Matter of Zhang, BIA (2019)
- Matter of Richmond, BIA (2016)
Practice Advisories Regarding Deportation Defense
- Strategies and Considerations in the Wake of Niz-Chavez v. Garland (6-30-21)
- Prosecuting People for Coming to the United States (12-04-19)
- Federal Court Blocks Trump Fast-Track Deportation Policy (9-18-19)
- Groups Sue Trump Administration Over Fast-Track Deportations (8-6-19)
- A Primer on Expedited Removal (7-22-19)
- Reinstatement of Removal (5-23-19)
- Voluntary Departure: When the Consequences of Failing to Depart Should and Should Not Apply (12-21-17)
- Deportations in the Dark- Lack of Process and Information in the Removal of Mexican Migrants (9-19-17)
- Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by U.S. Customs and Border Protection (8-01-17)
- Motions to Suppress in Removal Proceedings: A General Overview (8-01-17)
- Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment Violations (8-01-17)
- Deported with No Possessions (12-21-16)
- Seeking Remedies for Ineffective Assistance of Counsel in Immigration Cases (1-29-16)
- How to File a Petition for Review (11-09-15)
- Prosecutorial Discretion: How to Advocate for Your Client (3-18-15)
- The President’s Discretion, Immigration Enforcement, and the Rule of Law (08-26-14)
- Notices to Appear (6-01-14)
- Seeking a Judicial Stay of Removal in the Court of Appeals (1-21-14)
- Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues (11-20-13)
- Reinstatement of Removal (4-29-13)
- Return to the United States After Prevailing on a Petition for Review or Motion to Reopen (12-21-12)
- How To File A Petition For Rehearing, Rehearing En Banc And Hearing En Banc In An Immigration Case (4-29-11)
- Rescinding an In Absentia Order of Removal (3-21-10)
- The Criminal Justice Act: Appointment of Counsel in Habeas Corpus Proceedings (8-01-09)
- Voluntary Departure: Automatic Termination and the Harsh Consequences of Failing to Depart (7-06-09)
- Electronic Filing and Access to Electronic Federal Court Documents (4-13-09)
- Finality of Removal Orders for Judicial Review Purposes (8-05-08)
- Introduction to Habeas Corpus (6-01-08)
- Adjustment of Status of “Arriving Aliens” Under the Interim Regulations: Challenging the BIA’s Denial of a Motion to Reopen, Remand, or Continue a Case (4-16-07)
- Judicial Review Provisions of The REAL ID Act (6-07-05)
- BIA “Affirmance Without Opinion”: What Federal Court Challenges Remain? (4-27-05)
- Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong Court (4-20-05)
- EOIR Background and Security Check Regulations (4-06-05)
- St. Cyr Regulations and Strategies for Applicants Barred from Section 212(C) Relief (10-19-04)
Decades of Immigration Experience Working for You
What Can We Help You With - Videos
Winning Your Case in Immigration Court
Green Cards through Employment
Green Card through Marriage
Carl Shusterman
Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in the February 2018 edition of SuperLawyers Magazine.