Receiving a deportation order from United States can be a devastating event. However, such an order does not mean your immigration case has come to an end. Depending on the circumstances of your case, there are ways to challenge a deportation order and stay in the United States. The following post will teach you how to revoke a deportation order by determining whether you have grounds to appeal or challenge the order and getting assistance from an immigration attorney.
A deportation order occurs as a result of an adverse decision entered by a judge on an immigration case. A deportation order will typically be entered after the applicant has presented his or her case in court. If you disagree with the decision of the immigration judge, you have the right to appeal to the Board of Immigration Appeals (BIA) for relief. Types of relief at this stage in the process include discretionary relief, cancellation of removal, asylum, voluntary departure, and administrative relief. To be considered, an appeal must be filled within 30 days from the date that it was issued by the court.
There must be a legitimate reason to appeal a deportation order. The bases on which an applicant may file an appeal are outlined below.
If your deportation is based on the fact that you didn’t appear at your hearing, you may file a motion to reopen to lift the in-absentia order. You will automatically and immediately get a “stay of deportation” by filing a motion to reopen the case. The stay will last at least as long as it takes the judge to determine whether or not to reopen your case. If the judge grants the motion to reopen, you can’t be deported while the case is going on.
As the name suggests, if your personal circumstances have changed since your court decision, you may be able to reopen your case. A common example of this is changed country conditions. If conditions in your home country have turned hostile and therefore you feel as if it is unsafe to return, you could be eligible to reopen your case under a changed circumstances argument.
If new information has been discovered, you might be eligible to reopen and have your case heard based on the new facts or evidence. The court will consider the new evidence in relation to the type of relief you have submitted for.
The first step in filing for an appeal is to complete a Notice of Appeal (Form EOIR-26) and provide a copy of it to the attorney who represented the United States government at your hearings. You must advise the Board of Immigration Appeals (BIA) that you did this by including a “Proof of Service.” Form EOIR-26 asks you whether you plan to file an additional written brief or statement later, and it is highly recommended that you do so with your attorney’s assistance. There is a filing fee of $110.00 that must be paid by a check with your name and alien number on it made out to “United States Department of Justice.” After receiving your Notice of Appeal, BIA will send you a deadline for submitting your brief.
Working towards getting a revocation of your deportation order requires adherence to strict deadlines and expert knowledge of the inner-workings of the law. It is extremely important to hire an immigration attorney who is educated on how to appeal a deportation order, because not only can the process be difficult and complex, but it can also result in your removal from the United States. Check credentials and get reliable references before hiring, and be sure to develop a relationship with your attorney!
We encourage you to schedule a free consultation today! Contact Attorney Eric Price to get professional assistance in stopping your deportation order!
A sanctuary city or state is a jurisdiction wherein by law, state funds are reserved for state affairs and not used to enforce federal immigration laws. The power to regulate immigration is reserved to the federal government, as such sanctuary laws specify how state institutions, like the police force and the courts will act when dealing with a non-citizen and the extent of federal collaboration in immigration matters. When referring to a sanctuary city or sanctuary state many individuals automatically assume it means that within those jurisdictions it creates safe cities for illegal immigrants with criminal backgrounds. However, this is far from what a sanctuary city or state means. Immigration sanctuary cities or states refer to jurisdictions wherein by law, state funds are not used to enforce federal immigration laws.
Every immigration sanctuary city or sanctuary state works within their own set of laws, as established by their jurisdictions. However, generally sanctuary cities in the U.S. allow for general detention of a non-citizen to the full extent of the state laws, but will refrain from dealing with immigration related matters. For example, a non-citizen is passing through a DUI-checkpoint where police are stopping drivers to check for signs of intoxication. A non-citizen, if stopped, in this scenario will be asked the same questions as any other driver and no inquiry will be made into their legal status. The police and courts in general would treat all individuals in their cities and states equally before the law without regard to immigration status. In effect, the sanctuary city in the U.S. would create a safe-space for immigrants to live, as opposed to a place where individuals will be targeted for being immigrants.
Immigration sanctuary cities and states bring about many benefits, not only for non-citizens but for the jurisdictions and their residents. Sanctuary laws prevent undocumented individuals and their mixed status families from going underground, shielding cooperation with law enforcement and our state’s institutions as a whole. To foster a safe environment of collaboration and cooperation within the state’s institutions creates a safer and more functioning society.
Immigration sanctuary cities benefit the police force as they can focus their work only on enforcing state laws and not the federal immigration laws. This creates an atmosphere of trust and cooperation within society and fosters an environment of participation as it creates a safe-space for non-citizens.
The city benefits from sanctuary laws in many ways. There are studies that show that immigration sanctuary cities have less crime. Additionally, because sanctuary cities in the U.S. foster an environment of less targeting of non-citizens, it eliminates that element of hiding and living under the shadows, creating a larger work force and in effect a stronger economy.
The benefits for non-citizens are immense when they live in a sanctuary city or state. Because the state focuses on state-affairs, it removes that element of immigration enforcement and creates a safer society for immigrants. The fear of being profiled and targeted is less as non-citizens participate in state affairs freely.
The Trump administration is vehemently opposed to Sanctuary cities and state’s like California. In the past, the Trump administration has threatened sanctuary cities in the U.S and states with stripping federal funding. Although the courts have disagreed with placing a contingency on providing federal funds to immigration sanctuary cities, they have not stopped there. The Trump administration is currently suing the state of California for establishing a sanctuary state attempting the abridge the powers of the state and their rights. Their goal is to deport all immigrants without regards to enforcement priorities, and Sanctuary cities in the U.S. are a barrier to that plan.
Immigration Detention is the process by which a non-citizen is identified, apprehended and processed into immigration custody through the restriction of their liberty.
Immigration detention in the U.S. stems back to the First World War where Ellis Island was used as an immigration detention center due to the influx of immigrants into the U.S. Notably, the U.S. also used internment camps at the height of the Second World War to detain Japanese- American in less than desirable immigration detention center conditions.
However, the birth of what are immigration detention centers currently began in the 1980’s during the migration of Cubans and Haitians to the U.S. Currently, ICE immigration detention and immigration centers have risen dramatically.
Subject to some discretion, the immigration laws call for mandatory detention of all arriving non-immigrants into the country, consequently leading to higher rates of ICE immigration detention and the proliferation of more detention centers.
Due to the growing violence in Mexico and Central America, immigration into the U.S. is on the rise. As a result, immigration detention centers are used to house the influx of immigrants and process their immigration cases.
A non-citizen must know what to expect when subjected to ICE immigration detention within an immigration detention center. What are immigration detention centers like?
First, it is important to know that women and men are housed separately to adapt to the non-citizen’s gender specific needs within the immigration detention center conditions. An immigration detention center is similar to, if not equal to the conditions of a jail or prison.
Detainees are often times separated into violent and non-violent offenders within the immigration detention center for the security and protection of all housed in the facility. The length of detention of each detainee within the facility varies, depending on the fact-specific circumstances surrounding the individuals case.
The immigration detention center conditions are often times reported as sub-par although it fluctuates from facility to facility, however, there have been reported violations of detainee’s rights.
Detainees must report any issues within the immigration detention center including access to medical care, children’s needs, injuries at the detention center, violence and any other relevant concerns.
Immigration detention centers should grant detainees access to counsel and visitation rights for family members, however all facilities have their own rules and regulations, as such, information on the specific immigration detention center must be reviewed on a facility by facility basis.
When an individual is in ICE immigration detention the first step is to know your rights. Most of the steps to protect yourself must be taken before arriving at the immigration detention center.
First, while being processed to go into an immigration detention center, you have the right to remain silent and assert your right to counsel. When you are in ICE immigration detention you should seek counsel to analyze your case and determine what your rights are while in ICE immigration detention.
This is particularly important as it will determine if you have the right to a bond with ICE or a bond hearing before the Immigration Judge. To be able to apply for a bond is key to the strategy behind the immigration case as a whole, as it guarantees, if granted, that the individual will not be subject to what are immigration detention center prolonged detention times.
If you do not have the right to a bond, you must complete your case within the immigration detention center before an Immigration Judge under immigration detention center conditions.
The purpose of a U-Visa is to help undocumented immigrants, spouses or their children who have been victims of violent crimes inside the United States and cooperate with the investigation, obtain their residency. Once the U-Visa is granted, you can then apply for a green card and become a permanent resident.
This visa was created to protect the victims of different crimes including abduction, extortion, false imprisonment and domestic violence. In some cases the victim’s previous deportation or minor crimes can be pardoned with the visa.
There are different steps for obtaining your residency through a U-Visa, these are the main ones:
U-Visa cases are very unique and vary from one person to another. Our attorneys are trained to carefully listen, gather the necessary information and plan a solution catered to your unique case. Schedule a free consultation with our office and our team will help you determine if your case qualifies for a U-Visa or a different type of visa.
Nothing makes us happier than the satisfaction of our clients after obtaining their residency. After struggling to find the right attorney, Maria Galan Cruz booked a free consultation with our office and got her green card.
Maria has a veteran son who served in the military. This makes her eligible for residency through the Parole in Place program, which allows for immediate family of any active personnel or veterans in the Navy, Army, Marines or Air Force of the United States to obtain their residency.
None of the seven attorneys she previously visited knew about the Parole in Place program, leaving Maria discouraged when she scheduled a free consultation with us. At that time, she just wanted to obtain a work permit. However, our team knew immediately that she qualified for more and we quickly began working on her case.
Less than six months later, Maria got her green card and is now able to legally reside in the United States. Don’t be discouraged by what other attorneys say and book a free consultation to have our team determine your true eligibility.
Parole in Place is a program designed to allow non-citizen immediate family members of the United States military to apply for a green card without having to leave the country. This program applies to immediate family of any active personnel or veterans in the Navy, Army, Marines or Air Force of the United States.
A major benefit of the Parole in Place program is that you don’t have to leave the country to apply, even if you entered unlawfully. This helps the family avoid high financial costs and separation from applying for a green card outside of the United States. The program also allows for anybody who has been detained at the border or deported to qualify for a green card.
The program requires a Family Petition, Parole in Place Application and Status Adjustment to be submitted to the government. The application process can be long, but you can obtain a work permit and legally work in the United States during this time.
Our lawyers can help you obtain a green card through this program, just like we did with Maria Galan Cruz, who came to us after seven lawyers told her no. Schedule your free consultation and find out if you qualify for the Parole in Place program.
Thanks to the attorney Eric Price, María Molina – Ávalos is free after two years of being incarcerated in an ICE Detention Center in Arizona, away from her husband, José, and their two children, Abraham and Stephanie.
A Michoacán, Mexico native, María was unfairly deported from Los Angeles to Tijuana in a matter of hours in 2013. Without any other option, she returned to her hometown where she went through an extortion nightmare as she fell victim of the self-proclaimed “sicarios.”
Forced by the fear of being attacked or that something happened to her family, she returned to the United States and gave herself up as a political refugee in a San Isidro migration checkpoint.
However, the bureaucracy of the migratory system sent her all the way to Arizona, which complicated her situation. Besides the obstacles from judges and prosecutors, the attorney Eric Price fought against them for almost two years until she was free and reunited safe and sound with her family.
Currently, María is at home with Political Asylum making up for the time lost with her family, friends and congregation.
“What I went through, I don’t wish to anybody… I still don’t know why I had to go through all of that when I have never hurt anybody,” María assures, who formed a prayer group while in the ICE Detention Center.
“Every day I asked myself the same, what did I do to deserve this punishment? I was away from my children, my husband and my home…”
The answer is still in the air, a good, hardworking and honest woman went through an unfair situation, even when she could give up and accept another deportation to return freely to Mexico, María Molina – Ávalos stood strong “because I had so much faith that the attorney Eric Price would take me out from where I was and return me to my home in California,” she affirms.
“The attorney Eric never left my side, it was really hard for me and my husband, but we saw how he fought during those two years until he achieved my freedom.”
María Molina’s story is so moving that it has been presented in news stations like Univision – San Diego and Estrella TV – Los Angeles. They both talked about the labor of the attorney Eric Price in favor of the Hispanic community and María Molina in particular. Highlighting how with his experience and knowledge in migratory law he managed to help people with what seems like impossible migratory cases.
Esta es la historia de Jesus Ismael, quien con la ayuda del abogado Eric Price pudo regresar a los Estados Unidos después de su injusta deportación. Lo inusual en esta historia, es que el mismo departamento de justicia trabajo duro para retornar a Jesus al país.
“Cuanto tuve mi permiso de trabajo con el abogado Eric Price, todo cambió… Me sentí más seguro, mas fuerte y mucho más motivado para salir todas las mañanas a trabajar”…
Todas las mañanas, junto con el sol, Edgar Soberanis sale a trabajar. Es un hombre que conoce el arte de corregir errores y de dar soluciones a problemas que para otros son difíciles, pesados y complicados. Él prefiere llamarse así mismo jornalero. En honor a la verdad, Edgar representa a millones de trabajadores migrantes que hacen funcionar buena parte de la economía de este gran país.
Llegó desde el Departamento de Chimaltenango, Municipio de Acatenango, Guatemala, en el 2002 luego de atravesar durante 40 días y sus noches la geografía mexicana.
“Vine por una vida mejor”, afirma emocionado recordando que en Guatemala está su hija mayor Yuseily, una jovencita con quien mantiene una estrecha relación aun cuando la dejó de ver cuando ella tenía 6 meses de nacida.
Aquí, Edgar sigue felizmente casado con Sandra Martínez –mamá de Yuseily- y tiene dos hijas que nacieron en los Estados Unidos, Mirtala Abigail, de 9 años que quiere ser escritora y la luz del hogar, Judith de 4 años.
Entre mujeres, Edgar es el hombre fuerte de la casa pero aún así, es un ser humano muy sensible y transparente en sus sentimientos.
No oculta su inmensa tristeza al recordar que por una acusación equivocada de violencia doméstica, estuvo en prisión durante tres semanas y lo más doloroso fue “que era el día de cumpleaños de mi niña (Abigail)”.
Eran las 4 de la tarde el día cuando la policía detuvo a Edgar. A las 8 de la noche, ya estaba en una celda de migración con orden de deportación. Salió de prisión bajo fianza pero con la sombra de un castigo innecesario más cruel que las barras de cualquier calabozo.
Sandra lo motivó a llamar al abogado Eric Price. Desde la primera cita Edgar salió con un panorama opuesto al que lo tenía tan estresado:
“El abogado Eric me dio mucha seguridad cuando me dijo que él me representaría ante cualquier juez. Y así es. Además inició mi caso en migración y casi de inmediato tuve mi permiso de trabajo. Fue mágico. Todo cambió. Con mi permiso me sentí más seguro, mas fuerte y mucho más motivado para salir todas las mañanas a trabajar con ganas por mi familia y por esta nación a la que ya pertenezco ¡hasta puedo cambiar cheques en el banco!”
A sus 36 años de edad, Edgar Soberanis tiene su futuro migratorio resuelto y aun cuando tuvo que pasar por una situación injusta, su optimismo es mas fuerte que cualquier mala experiencia.
Lejos de quejarse, prefiere compartir su testimonio de confianza en el abogado Eric Price porque “hay muchas personas que necesitan a un abogado como él, profesional y honesto que te tiende la mano para sacarte de las sombras y brindarte la oportunidad de ser feliz en este país”.