Motion To Reopen

When a non-citizen has lost an immigration court case or has been ordered deported or removed from the U.S., the order of deportation is usually not executed by Immigration and Customs Enforcement (ICE) immediately. This can allow time to file a motion to reopen. A motion to reopen is the first step in asking the Immigration Court or the Board of Immigration Appeals to look at new evidence in a … [Read more...]

Post Conviction Relief

When someone convicted in State Criminal Court faces deportation or removal based on their criminal record, it is important to investigate whether Post-Conviction Relief is viable. Post-Conviction Relief may take many forms, but it is usually is some sort of a motion made in the State Criminal Court to modify, reduce, expunge, vacate, or alter in some way either the plea, the sentence, or the … [Read more...]

Aggravated Felony

What is an Aggravated Felony? The term “Aggravated Felony” is a term of art used in the Immigration and Nationality Act (INA). An aggravated felony does not necessarily have to be felony, nor does it have to be aggravated as that term is usually used in the Criminal Courts. Under Section 101(A)(43) of the INA, Aggravated Felonies include convictions for: murder, rape, sexual abuse of a … [Read more...]

Section 245i Adjustment

Section 245(i) Adjustment for those out of status or who entered the U.S. Illegally Those in the U.S. seeking to apply for legal residence, or a green card through marriage to a U.S. citizen or other family member need to be aware of an important aspect of the application process. One frequent obstacle to adjusting status to that of a legal resident arises when the non-citizen applicant has … [Read more...]

Immigration Custody & Bond

When an undocumented immigrant is arrested by ICE, he or she may be given the opportunity by ICE to accept voluntary departure in lieu of initiating formal removal or deportation proceedings. In some cases, a detainee may wish to be freed as quickly as possible and returned to his or her country of origin. In other cases, the detainee may wish to request a bond or request to be released on his … [Read more...]

Understanding Immigration Court

Immigration court can be confusing if you don't know your way around. Here's an overview of the structure of the court to help you better understand how to navigate it: Executive Office of Immigration Review (EOIR) The Federal Immigration Courts, or Executive Office of Immigration Review (EOIR), is a system of administrative courts throughout the country that processes alien charged with … [Read more...]