I specialize in protecting immigrants from deportation. Although I can practice in any immigration court in the U.S., I principally practice deportation defense before the Chicago Immigration Court.
In addition to seeking bonds for detained clients, I offer the following services:
- Motions to Terminate. Sometimes ICE is legally wrong to have initiated deportation proceedings in the first place. If ICE is wrong on the law, a motion to terminate must be granted by the immigration judge for the case to successfully end.
- Motions to Suppress. If a person has been placed into deportation proceedings in violation of the Constitution, a motion to suppress the evidence may be filed. Although motions to suppress are not easy to be granted, it is worth considering as an option if ICE violated the constitutional rights of a person placed into deportation proceedings.
- Relief from Removal. A person who is placed into immigration court may avoid deportation if relief is available. Eligibility for relief will depend on the person’s immigration status, length of residency in the U.S., and family ties among other factors.
For undocumented immigrants, the principal form of relief is called cancellation of removal. If it is granted, deportation is not only avoided, but permanent residency (a green card) will be granted as well. Not all undocumented immigrants are eligible for cancellation of removal. It requires at least ten years of continuous residency in the U.S. prior to initiation of deportation proceedings and a qualifying family member, such as a U.S. citizen spouse or child, who would suffer considerably if the applicant was deported. It also requires good moral character and no inadmissible or deportable convictions.
Although a lawful permanent resident (aka a “green card holder”) may live and work in the U.S. indefinitely, even permanent residents may be deported if convicted of certain crimes. The principal form of relief for permanent residents is also called permanent residents. It requires five years of permanent residency, at least seven years of continuous residency, and no convictions that qualify as an aggravated felony under immigration law.
In addition to cancellation of removal, there are other forms of relief. For individuals who have a credible fear of being harmed in their home country, asylum may be an option. Withholding of Removal is similar to asylum, but requires considerable more evidence of the probability of being harmed.
- Motions to Reopen. If a person has already been ordered deported, he or she may have legal grounds to reopen proceedings and rescind a deportation order. For example, if notice of the hearing was not properly given, then a person who was ordered removed in his or her absence may be able to reopen the case.