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Removal Defense

Removal Defense in Chicago and Around the Country

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 – 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 lawyers are experienced in defending foreign nationals against removal from the United States. With over 60 years of combined experience representing individuals and families under threat of deportation, we understand the law, know the defenses, and work our hardest to ensure your family stays together.

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 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.

Now, more than ever, aggressive advocacy is necessary in order to properly represent an individual facing removal.  Immigration law and its interpretation is in a constant state of flux.  With over 60 years of combined experience, our attorneys 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.  As Chicago immigration lawyers, we have extensive experience handling even the most complex immigration matters.  We are specialized removal defense (deportation defense) attorneys in Chicago and its surrounding areas, and have appeared in Immigration Courts across the nation. Our attorneys lecture at legal conferences throughout the country and remain on the forefront of litigation before the federal courts and immigration courts. We would be honored to assist with your removal (deportation) case, anywhere it might present itself.

In addition, appellate litigation is 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. Our attorneys have argued cases before the Second, Third, Sixth, Seventh, Eighth, and Ninth Circuit Court of Appeals. We have also appeared before the U.S. Supreme Court.

 

Appeals

Board of Immigration Appeals

Expedited Removal

Federal Court Litigation

Removal Orders

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