Our skilled Immigration attorneys will protect your rights during your deportation and removal hearing, as well as determine your bond eligibility and relief from removal, deportability, or inadmissibility.
At Gupta & Trujillo, our dedicated immigration attorneys can help you with your deportation and removal proceedings throughout Southern California, including Orange County, Los Angeles County, Riverside County, the Inland Empire and San Diego County. Contact our office for a free consultation.
Each year thousands of immigrants are removed from the United States and deported to their native country through the removal process. This process is the sole procedure for determining whether an immigrant is inadmissible, deportable, or eligible for relief from removal. The process begins when the Department of Homeland Security (DHS) serves a foreign national with a charging document, known as the Notice to Appear (NTA), alleging violations of immigration laws. The NTA will:
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Notify you to appear before an immigration judge;
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Advise you of the nature of the proceedings;
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State the legal allegations against you;
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Advise you of your right to an attorney; and
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Explain the consequences of failing to appear to your scheduled hearing.
At Gupta & Trujillo, we protect your rights at the outset of the process. If we find that there is not enough evidence to warrant removal or if we find fault with the NTA itself, we will move quickly to terminate the proceedings.
The Bond Hearing
In a typical removal proceeding, the person in question is arrested and detained by United States Immigration and Customs Enforcement (ICE). You will most likely be detained at a facility closest to where you live. You will most likely be detained at a facility closest to where you live. You will also be detained in a separate section from U.S. prisoners, if the ICE facility is located at the same place as a U.S. prison.
Once you are detained, ICE will determine if you are bond eligible. Like in criminal court, a bond in immigration court is an amount of money set by DHS or an immigration judge, as a condition to release you from detention and ensure your presence at a future immigration court hearing.
We will pursue your bond eligibility and will aggressively represent you before an immigration judge to lower or eliminate the bond set by DHS. These hearings are generally not a part of the removal proceedings and the decision can be appealed to the Board of Immigration Appeals (BIA) prior to your removal hearing.
NOTE: Please see our Immigration Appeals section for more information about your appellate rights.
Relief From Removal
At Gupta & Trujillo, we understand the fear and uncertainty one feels when they or a loved one has been issued an NTA. Our firm can help you with every aspect of the removal process including preparation for hearings and drafting necessary documents. With all cases, we will take the time to determine whether there is basis for removal.
If there is reasonable evidence to warrant the charging allegations in the NTA, we will explore and develop a legal strategy to avoid removal. You may be eligible for several forms of relief from removal including:
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Asylum;
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Adjustment of status;
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Cancellation of removal;
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Certain waivers of removability or inadmissibility;
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Obtaining a pardon under the Immigration and Nationality Act;
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Protection under CAT; or
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Withholding of removal.
Voluntary Departure
If there is no avenue of relief, we can assist in negotiations which will allow you to leave the country voluntarily rather than under the order of deportation; this action can minimize the long-term consequences of deportation thereby giving you the opportunity to re-enter the United States in the future. |