Removal Defense
ASYLUM
- Asylum is one of the most difficult paths to residency and not a path to tread unless absolutely necessary. In order to obtain residency through the asylum process, you must show that you were the victim of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion in your native country or that you are likely to become a victim if returned there.
- If you must rely upon asylum, seek the aid of attorney at once. Although the process is designed to assist the most vulnerable, it has become increasingly complex and the U.S. government will fight you tooth and nail every step of the way.
CANCELLATION OF REMOVAL
- Cancellation of removal is one of the most powerful tools available to a person in removal proceedings. This form of relief was designed to address the situation where a foreign national’s removal from the United States would create severe problems for the foreign national’s U.S. citizen and permanent resident family members. A successful cancellation request will result in permanent residency for the foreign national.
- At Lehigh Immigration, you will find attorneys who know how to review the facts and present your best arguments for cancellation of removal. It will be a lot of work but if you have the chance, take it!
Bond
When ICE detains an individual in the Lehigh Valley, eventually that person ends up at York County Prison until he or she is deported or released on bond.
Once a person is successfully bonded out, the immigration court in Philadelphia generally handles the immigration court proceedings.
In order to bond a person out of immigration detention, it is important to know whether that person is eligible for bond or subject to what is called “mandatory detention.” Mandatory detention, just like it sounds, means that the person is not eligible for bond and must remain in prison until deportation is carried out or removal proceedings are terminated. Mandatory detention occurs when the person has been convicted of certain crimes or is deemed a threat to national security.
If the person is eligible for bond, the immigration court will review numerous factors to determine the amount of money the person must deposit with ICE in order to be released from prison. Factors considered by the immigration judge include the person’s criminal history, connection to the community, and whether or not the person has a remedy to avoid deportation. The money is held by the government until the person is either deported or removal proceedings are terminated.
Decisions made during the immigration bond hearing can dictate the type of relief ultimately available to the detainee once bonded out and, therefore, it is important to have an attorney who has experience and knowledge of immigration law and the bond process. At Lehigh Immigration, once a client becomes detained, bonding that client out becomes our number one priority. Please give us a call or email if you have a loved one detained by ICE.
MOTIONS TO REOPEN
- For those who have already been through the unpleasant process of an immigration removal proceeding and lost, there may still be hope. The law provides an opportunity to request that your case be reopened in order to apply for additional forms of relief. Among the many reasons an immigration court may grant a motion to reopen include: incompetent assistance of counsel, an immigration notice of hearing being mailed to the wrong address, and changed circumstances that will provide relief to the foreign national.
- These cases require a great deal of detective work and legal knowledge to succeed. If you have been ordered removed by an immigration judge and feel like you were not given a fair opportunity, please give us a call.