Asylum and Deportation Lawyer in Cleveland and Washington DC

Asylum and deportation are broad areas of immigration law. Technically, it should not even be called plainly “asylum and deportation”. Most foreigners though, associate removal proceedings and other relief based on persecution or fear of returning back home as asylum and deportation. The area covers asylum, withholding of removal, and relief under the Convention Against Torture (CAT). “Deportation” for what most people understand is today properly termed as “removal proceedings.” Bond hearings and different types of reliefs, from asylum to cancellation of removal are all in this area.

Asylum

Those who have suffered past persecution in his or her country or country of last habitual residence, or those who have a well-founded fear of future persecution where such persecution is based on race, religion, nationality, political opinion, or membership in a particular social group, can file for asylum or withholding of removal if they meet certain criteria.

An applicant for asylum must file within one year of entry to the U.S. If you file later than one year, you must show change in country conditions or change in personal circumstances within the past year which affected your eligibility for asylum. If there are extraordinary circumstances which prevented you from filing within the one-year deadline, you may still be eligible as long as you apply within a reasonable time given those extraordinary circumstances.

Withholding of removal does not have the one-year requirement, but the standards are higher than asylum. It requires a clear probability of persecution. The applicant must show a greater than 50 per cent likelihood of persecution.

You can also apply for a work permit 150 days from the time you file for asylum if it hasn’t been adjudicated. Getting an asylum grant would allow you to live and work in the U.S. One year after you are granted asylum, you also will be able to apply for permanent resident or green card status.

Those who file asylum before removal proceedings are initiated have to file form I-589 together with supporting documents with the U.S. Citizenship and Immigration Service (USCIS) Asylum Office. This is called an affirmative asylum application. If this is denied, they will refer you to the Immigration Judge, where you will still have an opportunity to fight your case. If removal proceedings are initiated prior to your filing of either asylum or withholding of removal, you can still request this relief. This is called a defensive  asylum application.

Removal Proceedings

Aliens in violation of immigration laws are placed in removal or deportation proceedings. This includes those who entered without inspection, those who overstayed their status, or those who did not comply with the terms of their immigration status, such as those who worked illegally while on a tourist or student visa, those who are not employed anymore on their H-1B employer, those who did not maintain full-time status as an F-1 student etc. Once immigration officers catch them, they are usually questioned first, fingerprinted, and photographed at the Immigration and Customs Enforcement (ICE) office. Another scenario is when an applicant for adjustment of status is clearly not eligible. Sometimes, they go straight from the green card or petition interview straight to removal proceedings, as initiated by the Department of Homeland Security.

The document that starts removal proceedings is the Notice to Appear. This specifies the allegations and the specific legal charges against the alien. It also gives you an Alien Number. Those who are given this document and who do not have an attorney yet should bring this to an attorney if they have scheduled a consultation. This document is similar to a complaint in a civil case or an indictment in a criminal case. Attorneys first ask about the background of your case but most of the initial issues would be spotted right at the Notice to Appear. Most of the time, it will also give the attorney the time, date, place, and the name of the specific judge responsible for your case. He or she would then be able to give you better advice.

The Notice of Appear would state that you will have to attend a master hearing at a specific Immigration Court. Sometimes such documents would already show a hearing date, otherwise, it will indicate that a hearing notice will be sent to your address. That hearing notice will then give you the specific time and date of your first master hearing.

Most hearings are either Bond, Master, Contested Master, or Individual Hearings. Bond hearings are those were the Judge would make a determination on whether you get released and on how much the bond amount would be, if any. Master hearings range from pleadings to status checks. Hearings on the issue of removability are heard in Contested Master Hearings. Individual Hearings are those were the parties present their main case, oftentimes the relief they seek from removability, be it adjustment of status, asylum, cancellation of removal, etc.

Bond Hearings

ICE first determines whether a picked-up individual should be released during removal proceedings or not. If the alien is not subject to mandatory detention due to certain criminal conduct that obliges DHS / ICE to detain the person, the alien can be released through their discretion. The questions officers ask would then center around whether the alien is a flight risk. Questions about their status, the degree of the immigration violations, family ties, criminal records, feasibility of possible relief sought are all asked. So even if the alien is not subject to mandatory detention, the immigration officer could still keep the person detained. If the DHS is satisfied that the alien is not a flight risk, s/he would be released. It is then up to DHS how much the bond is, if any, and on other conditions they want to impose upon release.

If the alien is still detained, or the alien wants to challenge the bond amount, a bond hearing could be requested. The bond hearing is usually held at the Immigration Court with jurisdiction over the specific detention facility. Note that in some instances, such as those were the alien is subject to mandatory detention, the Immigration Judge does not have jurisdiction over the case. So once DHS makes that finding, one would be detained throughout the duration of proceedings, unless that plea is vacated and the case dismissed for the conviction which let to you being in mandatory detention.

The bond hearing is the alien’s opportunity to show the Judge that s/he is not a flight risk, as that is one of DHS’s determinations when they refuse to release the alien. Evidence pertaining to the possible relief sought, local family ties, lack of criminal record, financial support from family and friends, employment records, and identifiable address documentation are but some of the best ways to show the Judge that you are not a flight risk. The manner in which a bond hearing is conducted depends on the Judge. Some conduct a full hearing, with possible witnesses, direct and cross-examinations, and opening and closing statements. Some Judges though ask all the questions to the alien, with the attorney only there for a short closing.

Cancellation of removal is another common relief in removal proceedings. For a non-permanent resident to be eligible, the alien must prove that s/he:

• Has been physically present in the U.S. continuously for ten years prior to the issue date of the Notice to Appear;
• Has been a person of good moral character;
• Has not been convicted of any crimes that would make her/him inadmissible;
• Her/his removal would cause exceptional and extremely unusual hardship to her/his U.S. citizen or permanent resident spouse, parent, or child.

The ten- year requirement is shown by submitting residence documentation for each year. School records, taxes, bank statements, and utility bills are some examples of evidence submitted for this part. The hardship requirement is usually the toughest requirement to overcome. Financial and emotional hardship is not enough.

A lawful permanent resident / green card holder can also be placed in removal proceedings. Certain crimes that make them inadmissible are the usual causes of this. These people would leave the U.S. for a vacation, come back, and be placed in proceedings.

A lawful permanent resident is eligible for Cancellation of Removal if s/he meets the following requirements:

• Has been a permanent resident for at least five years;
• Has resided in the U.S. continuously for seven years after having been admitted in any status; 
• Has not been convicted of an aggravated felony;
• Merits a favorable exercise of discretion.

There are certain bars to cancellation eligibility. Crewmen who entered the U.S. after June 30, 1964 and those convicted of an aggravated felony are ineligible. As for the favorable exercise of discretion standard, the Immigration Judge gets to weigh the positive and negative factors as presented by both the alien’s attorney and the government.

Summary of Our Services

Removal Proceedings and asylum cases vary. The type of relief, the specific Immigration Judge, the specific Immigration Court, the Circuit jurisdiction and its controlling case law, the specific asylum office, all contribute to the feasibility and duration of the case.

I have been to almost 40 different Immigration Courts and Immigration Offices throughout the country. In some of those Immigration Courts, in particular in New York, Chicago, Atlanta, Detroit, and Cleveland, I’ve argued cases with different judges.

Our office shall review your case as thoroughly as possible and give you an assessment of the requirements, procedure, and duration of each step as it relates to where proceedings are being held, or where you plan to file for asylum. I, and not an associate attorney or a paralegal, will assist you in filling out all relevant forms and be your guide in gathering the supporting documents. I will also accompany you in interviews with the asylum officer and hearing with the Immigration Judge.

Listing of All Services in the Asylum and Deportation Area

Below are all possible services our office provides in the area of Asylum and Deportation:

• I-589 Asylum, Withholding of Removal, Convention Against Torture
• EOIR 42A and 42B Cancellation of Removal
• I-765 Work Permit
• Jail Visits
• Bond Hearings
• Writ of Habeas Corpus
• I-485 Adjustment of Status
• I-601 Waivers
• I-751 Petition to Remove Conditions on Residence
• TPS Temporary Protected Status
• Motion to Reopen In Absentia
• Motion to Reopen Exceptional Circumstances
• Motion to Reopen Added Facts
• Motion to Reopen Based on Change in Country Conditions
• Motion to Reconsider Based on Error in Application in Law
• Motion to Remand Based on New Relief
• Motion to Suppress Evidence
• BIA Appeal
• Per Diem Master Hearings
• Individual Hearings
• Voluntary Departure
• Order of Supervision Accompaniment
• Motion to Stay Removal
• FOIA Review
• 90-Day Custody Review
• 180-Day Custody Review