Deportation and Removal Defense Attorney in West Covina

Facing Removal?

Your immigration history and available relief should be reviewed carefully.

Being placed in removal proceedings can affect your ability to remain in the United States, work, stay with family, pursue permanent residence, or complete other immigration goals. But receiving immigration-court paperwork, being detained by immigration authorities, or even having a prior removal order does not mean every case has the same outcome.

The available options depend on the person’s immigration history, the government’s allegations, family relationships, prior applications, criminal history, length of residence, fear of persecution, and whether a final order has already been entered.

Attorney Oscar A. Ischiu represents clients in deportation and removal matters from his West Covina office, serving individuals and families throughout the San Gabriel Valley and Los Angeles County. These cases can move quickly, particularly when detention or an existing removal order is involved, so understanding the procedural posture of the case is critical.

What Are Removal Proceedings?

Removal proceedings are the immigration-court process through which the Department of Homeland Security seeks an order requiring a noncitizen to leave the United States.

Proceedings commonly begin when DHS files a Notice to Appear with the immigration court. The document identifies the factual allegations and legal grounds the government claims make the person removable.

An immigration judge may need to decide whether the government has established removability and, if so, whether the respondent qualifies for a form of relief or protection that would allow the person to remain in the United States.

The proper defense therefore depends on the actual charges and available immigration relief. A case involving an alleged status violation may look very different from one involving a criminal conviction, an old removal order, a family-based petition, or a fear of returning to another country.

Immigration Detention and Bond

Some people placed in removal proceedings are detained by Immigration and Customs Enforcement while their cases are pending. Others remain out of custody.

When DHS has detained someone and set a bond, an immigration judge may have authority in certain cases to review custody and redetermine the bond amount. Bond proceedings are separate from the underlying removal case.

Not everyone detained by immigration authorities is eligible for an immigration-judge bond hearing. Federal immigration law places some people in categories involving mandatory detention or other jurisdictional restrictions. The first question is therefore whether the immigration court has authority to consider release at all.

When bond review is available, the immigration judge generally considers issues including whether the person presents a danger to people or property, whether the person is likely to appear for future immigration proceedings, and whether national-security concerns are present.

Evidence relevant to those issues can include:

• family and community ties;
• employment history;
• length of residence in the United States;
• prior compliance with immigration-court hearings;
• criminal history, if any;
• a proposed residence after release; and
• other evidence bearing on danger or likelihood of appearing in court.

If an immigration judge has already ruled on bond, later bond-redetermination requests generally require a material change in circumstances. Bond decisions may also be appealable to the Board of Immigration Appeals depending on the type of decision and procedural posture.

Defending Against Removal in Immigration Court

A removal defense is not built around one universal argument. The available strategy depends on why DHS says the person is removable and what forms of immigration relief are legally available.

Possible issues can include disputing the government’s allegations, challenging whether the charged ground of removability applies, or applying for a form of relief or protection.

Depending on the facts, potential forms of relief may include:

• cancellation of removal;
• adjustment of status when the statutory requirements are satisfied;
• asylum, withholding of removal, or protection under the Convention Against Torture;
• certain waivers of inadmissibility or deportability;
• voluntary departure in appropriate cases; or
• other immigration relief authorized by federal law.

Not every form of relief is available to every respondent. Eligibility can depend on years of residence, lawful status, qualifying relatives, prior immigration violations, criminal history, hardship, admissibility, and other statutory requirements.

Removal Proceedings Involving Criminal History

Criminal charges and convictions can have serious immigration consequences, but the immigration analysis does not always match the terminology used in state criminal court.

Whether a criminal matter affects removability, admissibility, detention, eligibility for relief, or naturalization can depend on the exact statute of conviction, the record of conviction, sentence, immigration status, and other factors.

Anyone facing removal proceedings because of a criminal matter should have the immigration consequences evaluated using the actual court records rather than relying only on the name of the offense.

Missed Immigration Court Hearings and In Absentia Orders

Failing to appear for an immigration-court hearing can result in an order of removal being entered in the person’s absence.

In some circumstances, an in absentia removal order may be challenged through a motion to reopen, including cases involving lack of proper notice or certain qualifying circumstances that prevented attendance.

These motions have specific legal and procedural requirements. Someone who discovers that an immigration judge entered an order while they were absent should determine the date, court, notice history, and current status of the proceedings as soon as possible.

Motions to Reopen and Motions to Reconsider

A final immigration decision does not always end every possible procedural option.

A motion to reopen generally asks the immigration court or Board of Immigration Appeals to reopen proceedings so that new facts or evidence can be considered. The evidence ordinarily must be material and, subject to applicable exceptions, not previously available.

A motion to reconsider is different. It asks the adjudicating body to reexamine a prior decision because of an asserted error of law or fact or, in some situations, a relevant change in law. It generally relies on the existing record rather than presenting new evidence.

Deadlines can be short. Under current EOIR rules, a motion to reconsider a BIA decision generally must be filed within 30 days, while a motion to reopen generally has a 90-day deadline unless an exception applies.

The proper motion also depends on whether the last decision was issued by an immigration judge or by the Board.

Appeals to the Board of Immigration Appeals

Many immigration-judge decisions can be appealed to the Board of Immigration Appeals, commonly called the BIA.

An appeal is not a new trial. The Board generally reviews the immigration judge’s decision based on the record and the issues properly raised on appeal.

Appeal deadlines are strict. Missing the applicable filing deadline can significantly limit further administrative review, so a person considering an appeal should act promptly after receiving the immigration judge’s decision.

Final Orders of Removal and Stays of Removal

Once a removal order becomes final, DHS generally has authority to execute the order. Filing a motion to reopen or reconsider does not automatically stop removal in every situation.

A person with a final order may need to separately request a stay of removal depending on the type of filing and the agency or court with jurisdiction. Current BIA precedent also directs individuals seeking a discretionary EOIR stay in connection with a motion to reopen or reconsider to first request a stay from DHS.

There are limited situations in which federal regulations provide an automatic stay, including certain motions involving in absentia removal orders. Whether a stay exists should be confirmed based on the exact filing rather than assumed.

Federal Court Review of Removal Orders

Certain final removal orders can be challenged through a petition for review in the appropriate federal court of appeals.

Federal-court review is different from an administrative appeal to the BIA. Jurisdiction can depend on whether administrative remedies have been exhausted, what issues are being challenged, the type of immigration decision involved, and statutory limits on judicial review.

Federal petitions for review also have strict filing deadlines. A person considering federal-court review should have the final administrative decision and procedural history evaluated promptly.

Filing a petition for review does not necessarily stop removal automatically. A separate request for a stay may be necessary depending on the circumstances.

What to Do After Receiving Immigration Court Papers

If you receive a Notice to Appear, hearing notice, immigration judge decision, BIA decision, or other removal-related document, keep the complete paperwork and identify the deadlines stated in it.

It is also important to:

• confirm which immigration court or agency currently has the case;
• keep your address current with the immigration court and DHS as required;
• attend every scheduled hearing unless officially excused;
• preserve copies of prior immigration applications and decisions;
• obtain certified criminal court records if arrests or convictions are relevant; and
• avoid assuming that a pending application automatically stops removal proceedings.

EOIR provides an automated case-information system for certain immigration-court and BIA cases, but not every case or every detail appears in that system. Official court notices remain important.

Deportation and Removal Defense in West Covina

The Law Firm of Oscar A. Ischiu represents clients in immigration removal matters from its West Covina office, serving individuals and families throughout the San Gabriel Valley and Los Angeles County.

If you or a family member has been detained, received immigration-court paperwork, missed a hearing, received an unfavorable immigration decision, or is already subject to a removal order, the first step is determining exactly where the case stands and what deadlines or legal remedies may still apply.

Contact the firm to discuss the removal proceedings and the options that may be available based on the specific immigration history and case record.