We offer legal representation services to persons who are facing removal, also commonly known as deportation, from the United States. To best determine which services our clients need, it is necessary to interview the person facing removal. In some cases our legal work is designed to minimize the immigration consequence of a criminal conviction. In other cases, we work to keep someone facing removal from being deported. In other cases, persons subject to removal choose not to challenge their removal and we work to minimize the consequences of being deported.
Appeal of an Immigration Court's Ruling to the Board of Immigration Appeals:
Once an Immigration Court has issued a decision in a client's case, we have a limited time period to appeal that decision with the Board of Immigration Appeals. We can represent your best interest with the Board of Immigration Appeals. Our goal is to convince the Board of Immigration Appeals that the Immigration Court made an incorrect or improper decision in our client's case.
Motion to Reopen:
A motion to reopen can only be made after the Board of Immigration Appeals has decided your case. It is used to ask the BIA to look at new evidence or a change in situation in your case.
Motion to Reconsider:
A motion to reconsider can only be made after the Board of Immigration Appeals has decided your case. This motion is used when you do not have new evidence of a change of circumstances in your case, but wish the BIA to reconsider its previous ruling.
Motion to Remand:
A motion to remand can only be made before the Board of Immigration Appeals has decided your case. It is used to ask the BIA to look at new evidence, of a change in situation in your case, while you are waiting for the board to make a decision in your case.
Motion to stay removal:
Not all actions taken by a defendant in removal proceedings automatically stop the DHS from removing that person from the United States. Many times the deportee must request that the court stay their removal, or they may still be deported, even if they are challenging their case before an Immigration or Federal Court.
Waivers:
If a loved one has been deported, they may be able to obtain a discretionary waiver (I-601). If the deportee has a wife, child or parent of a US citizenship or legal permanent resident status, they may obtain a waiver if they show that the denial of the waiver would result in an extreme hardship to the qualifying relative. Note: This waiver is not available for all crimes.
2008 Copyright. Gerardo Menchaca All Rights Reserved.