Title 8 U.S. Code § 1229a is the federal law relating to removal proceedings, which decide the inadmissibility or deportability of aliens. Few prospects can be more frightening for people who are lawful permanent residents (LPRs or green card holders) or otherwise satisfying legal requirements to remain in the United States lawfully because immigration officials may now be preparing to argue that a person needs to be removed immediately.
A deportation case will either end with a person being deported back to their home country or remaining eligible to continue to live and work in the United States. Any person facing removal proceedings will want to invest in a Los Angeles deportation and removal lawyer.
When a person receives a Notice to Appear in immigration court, the Department of Homeland Security has already begun the process of trying to remove or deport them from the United States. The Department of Homeland Security usually begins cases in immigration court against people for one or more of the following reasons (among others):
- Marriage fraud
- A person entered the United States without proper authority
- A person was initially in the United States legally, but their visa has since expired
- A person who violates the terms of their admission or work without permission
- A person is a green card holder who was found guilty of a serious crime or has had difficulty with the law
- A person with criminal convictions
- A person who entered the United States without the proper paperwork and entered the country illegally
- A person whose asylum claim has been denied
- A person who overstays a visa
- The person filed an application for an immigration benefit, and the application was denied
On a Notice to Appear, the government will list reasons why a person has been asked to appear in immigration court, and they are also the reasons why they believe they should be deported. The Notice to Appear often includes details about what court a person will have to go to for their hearings, the date and time of their first hearing, and information such as the legal authority that the government is relying on to try to deport a person, the fact that a person has a right to hire an attorney to represent them at their hearings, the
consequences they can face for failing to appear in immigration court, and the requirement that they provide the immigration court with their current address and phone number.
The Los Angeles Immigration Court is located on Olive Street in downtown Los Angeles, and a first hearing is known as a “master hearing” or “master calendar hearing.” Depending on the circumstances of a case, it could be the only hearing, or it could be the first in a series of hearings in immigration court, in which case the final hearing will be an “individual hearing.”
Possible hearings may include bond redetermination hearings at which the bonds set by the Department of Homeland Security could be adjusted or withholding-only hearings at which the Convention Against Torture or the Immigration and Nationality Act could provide relief for a person. Rescission hearings involve judges reviewing residency statuses and can revoke them if they decide that immigration status should not have been granted in the first place.
It is important for people to understand that arrests in Los Angeles do not automatically translate to deportations. You will not lose a visa or green card for criminal charges, but you could be at risk.
The most common kinds of crimes that tend to arise among immigrants include:
- Drug crimes
- Domestic violence
- Sex crimes
- Firearm crimes
- Theft or robbery charges
- Fraud crimes
Some people detained on an expedited docket may be able to resolve their deportation cases within six months, but cancellation of removal generally takes up to a year and a half from the date of a master calendar hearing. If a cancellation of removal is denied, a person can appeal to the Board of Immigration Appeals (BIA).
Call Us Today to Speak with a Los Angeles Deportation and Removal Lawyer
If you are facing possible hearings in Los Angeles relating to removal from the United States, do not wait another moment to seek legal representation. You will want to be sure
that you are working with a Los Angeles deportation and removal attorney at the Law Office of Todd Becraft.
Our firm understands that every client we serve is unique, and we take the time to really develop relationships with the people we serve. Take the first step when you call (213) 388-1821 or contact us online today to set up a consultation with our Los Angeles deportation and removal lawyer.