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Removal Defense

Chicago Removal Defense Lawyers

Due to the provisions of the Immigration and Nationality Act, the U.S. government, through the Department of Homeland Security, can attempt to deport (or “remove”) a person for a number of reasons. These range from simply overstaying or violating the terms of a visa to the commission of certain crimes; from committing fraud in an immigration application to involvement in terrorist organizations. Our attorneys at Kriezelman Burton & Associates, LLC are experienced in defending foreign nationals against removal from the United States. With over 50 years of combined experience representing individuals and families under the threat of deportation, we understand the law, know the defenses, and work our hardest to ensure your family stays together.

Who We Assist

Removal and deportation proceedings are inherently complex and unique to each individual’s situation. At Kriezelman Burton & Associates, LLC, our team provides comprehensive defense for individuals and families at every stage of the removal process, including:

  • Long-term residents suddenly facing removal.
  • Asylum seekers with denied petitions who do not know where to turn.
  • DACA recipients and others dealing with uncertainty about their legal status and future in the U.S.
  • Individuals currently in detention and families needing to help them.
  • Individuals with a prior removal order seeking to reverse or pause their cases.
  • Clients with complications due to criminal history.
  • Individuals pursuing or waiting on an appeal before the Board of Immigration Appeals and federal courts.

If you are facing removal proceedings, or fearful of the threat of deportation, we encourage you to reach out to one of our attorneys for legal guidance today.

Understanding Removal Proceedings and Possible Defenses

In many cases, the Department of Homeland Security begins removal proceedings against a foreign national by issuing a Notice to Appear. The Notice lists the section of the law that the government alleges the person violated, along with the facts to support its position. The Department serves this notice upon the individual and upon the Immigration Court. Upon receipt, the Immigration Court will send a Notice of Hearing to the person at the address provided to the Court by the Department of Homeland Security. In Court, the Department of Homeland Security is represented by an attorney, and the foreign national also has the right to an attorney (though not the right to an attorney provided by the government). Both sides can offer arguments, documents, and witnesses to support their cases. Then, the Immigration Court will decide whether the person is, in fact, removable from the United States and, if so, whether that person is qualified for and deserves any relief that would allow him or her to stay in the United States.

However, there are other procedures, including administrative removal and expedited removal, which allow the Department of Homeland Security to circumvent the Immigration Court and remove certain individuals without a hearing. These processes move much more quickly, and the options for fighting them are more limited.

Appellate litigation is often a crucial strategy in any immigration practice. If a case is denied by an Immigration Judge, an appeal can be filed with the Board of Immigration Appeals. The parties then have the opportunity to argue their case to the Board through the submission of written briefs. In some cases, if the Board denies the appeal, the case may be brought before a Federal Court of Appeals through the filing of a Petition for Review.

Now, more than ever, aggressive advocacy is necessary in order to properly represent an individual facing removal.

What We Bring to Removal Defense Cases

Proven Immigration Law Experience

With decades of combined experience, our attorneys at Kriezelman Burton & Associates, LLC know the most current case law and the changes to regulation and policy that allow us to effectively and zealously advocate for our clients in removal proceedings.

Prior Work in High-Stakes Detention Matters

We have handled bond hearings, habeas corpus petitions, and more, working to secure release for detained clients and reunite them with their families.

Strength in Immigration Court and Federal Litigation

Our removal defense (deportation defense) attorneys have appeared in Immigration Courts across the nation, including the Second, Third, Sixth, Seventh, Eighth, and Ninth Circuit Court of Appeals, as well as the U.S. Supreme Court.

Leading Voices in Immigration Law

Our attorneys lecture at legal conferences throughout the country and remain at the forefront of litigation before the federal courts and immigration courts.

Contact Our Removal Defense Attorneys For Assistance Today

Responding to a Notice to Appear or an official removal order requires experienced and dedicated representation. Our firm has the experience, courtroom presence, and commitment to guide you through even the most challenging removal defense cases. With a proven track record before Immigration Courts and federal appellate courts, we are ready to stand by your side every step of the way, and we would be honored to assist with your removal (deportation) case any way it might present itself. Contact us today for a consultation to start protecting your future.

FAQs About Removal Defense

Why do I need an attorney for removal defense?

The immigration court system can be overwhelming and incredibly confusing without proper legal representation. An experienced immigration attorney can offer critical legal guidance, prepare strong defenses, and advocate on your behalf in court.

Can I apply for any relief during removal proceedings?
How can I help a family member who has been detained?
Are green card holders exempt from deportation?
Can I apply for a green card while in removal proceedings?

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