Immigration Court

Immigration Court is a specialized branch of the U.S. Department of Justice, operated under the Executive Office for Immigration Review (EOIR). It is responsible for adjudicating immigration cases, primarily focusing on issues related to the deportation or removal of non-citizens from the United States. In these civil proceedings, presided over by judges appointed by the Attorney General, non-citizens have the right to legal representation (at their own expense), present evidence, and appeal decisions, while the government bears the burden of proving deportability.

A Notice to Appear (NTA) is a formal document issued by the Department of Homeland Security (DHS) that initiates removal proceedings against a non-citizen in the United States. It functions similarly to a criminal summons or complaint, marking the beginning of formal deportation proceedings. The NTA informs non-citizens that they are removable under immigration law and orders them to appear before an immigration judge on a specified date to respond to the deportation allegations and charges. Receiving an NTA marks the beginning of formal proceedings, which could result in deportation if the immigrant is unsuccessful in their court defense.

Deportation and removal from the United States can occur for various reasons, primarily categorized under inadmissibility and deportability, as outlined in the Immigration and Nationality Act (INA). Inadmissibility refers to reasons preventing a non-citizen from legally entering or remaining in the U.S., whereas deportability pertains to reasons for removing non-citizens already in the U.S. legally. 

The grounds of inadmissibility include:

• Criminal convictions for offenses like drug trafficking or violent crimes.
• Security concerns, such as suspected terrorism.
• Public health risks from certain communicable diseases.
• Financial instability leading to potential public charge status.
• Visa requirement violations, including overstaying or unauthorized work.

The grounds for deportability can include:

• Committing crimes, particularly aggravated felonies.
• Violations of visa terms, like unauthorized employment or overstaying.
• Becoming a public charge due to reliance on public benefits.
• Fraud or misrepresentation in obtaining immigration status.
• Activities harmful to the U.S., like espionage or terrorist affiliations.

Additionally, there are specific situations like being apprehended near the border without authorization or entering the U.S. through fraud that can also lead to removal. It’s important to understand the grounds for deportation and removal are complex. If you are facing deportation or removal proceedings, consulting an experienced immigration attorney is essential. Call (816)994-2300 today or schedule a consultation.

A removal order is a formal legal document issued by an immigration judge in the United States, requiring a non-citizen to leave the country.  A removal order is a critical step in the removal process, which typically begins with the issuance of a notice to appear (NTA). The NTA informs the non-citizen of the charges against them and their rights in immigration court. If the non-citizen fails to appear for their scheduled hearing or is found to be removable or inadmissible, the immigration judge may issue a removal order. Deportation is the physical removal of a non-citizen from the United States. If the individual does not leave as ordered, they can be forcibly removed by immigration authorities. Non-compliance can also lead to a ban from re-entering the U.S. for a certain time.  A removal order can be challenged by appealing to the Board of Immigration Appeals, and potentially to a federal court. Due to the complexity and serious nature of a removal order, it’s important to seek advice from an immigration lawyer. Call (816)994-2300 today or schedule a consultation.

Yes, you can appeal a removal order to the Board of Immigration Appeals (BIA). The BIA is an independent agency within the Department of Justice that reviews the decisions of immigration judges. The BIA will review and decide on your case. If the BIA denies your appeal, you may then appeal to a federal court. If you have received a removal order, time is of the essence and must act quickly; the 30-day deadline for filing a Notice of Appeal is firm. The appeal process is complex and time consuming. You will need an experienced immigration attorney if you want to have any chance of success. Sharma-Crawford has the experience and the track-record of representing clients successfully. Call (816)994-2300 today or schedule a consultation.

The Board of Immigration Appeals (BIA) is the highest administrative body within the U.S. Department of Justice for reviewing and deciding appeals on immigration decisions made by Immigration Judges in the Executive Office for Immigration Review. It plays a crucial role in interpreting and applying U.S. immigration laws, ensuring decisions are fair and lawful. Composed of appellate immigration judges appointed by the Attorney General, the BIA examines appeals on various immigration matters, including visa, asylum, and deportation cases. Its decisions are binding on all Immigration Judges unless overturned by a federal court of appeals, making it a pivotal institution in the U.S. immigration system.

Deportation, or removal, from the United States carries significant and often long-lasting consequences.

Key impacts include:

• Re-entry restrictions: deportation typically results in a ban from lawful re-entry to the U.S. for several years, or in some cases, permanently. Attempting to re-enter unlawfully can lead to felony charges and reinstatement of the prior removal order.

• Loss of legal status: deportation leads to the loss of any legal status held in the U.S., such as lawful permanent residency. This loss affects the right to live and work in the country.

• Family separation: deportation often results in long-term, and sometimes permanent, separation from family members residing in the U.S., causing emotional and psychological distress.

• Economic and social challenges: deported individuals may face economic instability, lack of healthcare, and potential danger or persecution in their country of origin. This can be especially challenging for those who have lived in the U.S. for extended periods.

• Impact on children: children of deported parents can suffer from mental health issues, increased poverty risk, and educational disruptions.

• Legal and societal implications: Those under deportation orders may experience restrictions on working, traveling, and societal marginalization, along with the constant threat of detention.

Additionally, preparing contingency plans for family and business interests is a pragmatic step in the face of potential deportation. Given these severe consequences, it’s crucial for individuals facing deportation to seek legal advice and explore all possible defenses and alternatives, such as voluntary departure or applying for waivers. Call (816) 994-2300 today or schedule a consultation.

Immigration detention in the United States generally refers to the practice of detaining non-citizens who are believed to have violated immigration laws or are undergoing deportation proceedings. This detention, which is civil rather than criminal in nature, can occur in various facilities, including specialized ICE centers, local jails, or contracted locations. The duration of detention can vary greatly, with some individuals held for months or even years.  Decisions on detention consider factors like the severity of the immigration violation, community ties, and flight risk. Alternatives to detention, such as electronic monitoring, conditional supervision, or bond, are available in some cases. This is a complex issue and requires legal representation by an experienced immigration attorney like those at Sharma-Crawford.

Detained non-citizens in the United States have specific rights under the law, designed to ensure their fair treatment and protection; these rights include:

• Legal representation: detainees have the right to be represented by a lawyer at their own expense and to access legal materials necessary for their case.

• Humane treatment: detained non-citizens are entitled to humane conditions of confinement, including adequate food, water, and medical care, and protection from harm.

• Grievance filing: they can file grievances about mistreatment or deprivation of necessities.

• Religious freedom: They have rights related to their religion or faith, including the freedom to practice their religion and dietary accommodations.

• Disability accommodations: detainees have the right to necessary accommodations for disabilities, including mobility aids and interpreters.

• Protection from abuse: they are protected from abuse, including physical, emotional, and sexual abuse, and have the right to be free from discrimination and retaliation.

• Communication rights: detained non-citizens have the right to communicate with family and friends, including making phone calls, writing letters, and receiving visits.

• Privacy rights: they are entitled to privacy, including the protection of personal belongings and freedom from unnecessary searches.

• Fair treatment: detainees have the right to be treated fairly and with respect, in a language they understand.

Additionally, detained non-citizens may also have due process rights related to detention, such as seeking bond and parole. It’s important to note that while these rights are legally guaranteed, the reality of immigration detention can be challenging, accordingly experienced legal representation and advocacy is an absolute necessity to ensure these rights are upheld.  Call (816) 994-2300 today or schedule a consultation.

The duration of detention for non-citizens in the United States varies significantly based on individual case circumstances. There is no set limit, as a result many non-citizens find themselves detained for extended periods, often months or even years, as their deportation or removal proceedings progress through the legal system. Furthermore, factors such as criminal record, complexity of the case, or judicial and legal constraints may influence the duration of your detention.  While there are constitutional limits on indefinite detention, lengthy incarcerations are still legally permissible. If you are a non-citizen immigrant who could potentially face detention, or is currently being detained, you need experienced legal representation and advocacy. Sharma-Crawford has the experience and the track-record of representing clients successfully. Call (816) 994-2300 today or schedule a consultation.