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Removal defense is the process of contesting deportation before the U.S. Department of Justice Executive Office for Immigration Review, or EOIR. A case may begin when the Department of Homeland Security serves a Notice to Appear, places someone in expedited removal, or seeks custody and removal after an arrest.
Anchorage cases follow federal immigration law, even though the person may live elsewhere in Alaska. Proceedings may involve the Anchorage Immigration Court, remote hearings, DHS trial attorneys, and detention or transfers outside Anchorage.
Possible defenses include asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal, adjustment of status, waivers, and requests to terminate or dismiss proceedings. Eligibility depends on immigration history, criminal records, family relationships, prior applications, and the facts supporting the defense.
Immigration and Nationality Act of 1952. The INA, codified primarily in Title 8 of the United States Code, supplies the main rules for removability, asylum, cancellation of removal, adjustment of status, waivers, detention, and appeals. Section 240 of the INA governs formal removal proceedings.
Illegal Immigration Reform and Immigrant Responsibility Act of 1996. IIRIRA substantially changed removal proceedings, expedited removal, cancellation of removal, unlawful-presence consequences, and judicial review. Most of its major provisions took effect on April 1, 1997.
Title 8 of the Code of Federal Regulations, including Parts 1003 and 1240. These regulations govern EOIR procedures, immigration judges, pleadings, hearings, evidence, and removal proceedings. The applicable rule can depend on the filing date and procedural posture, so current regulations should be checked before filing.
You have the right to hire a lawyer, but the government does not provide a free immigration lawyer in most removal proceedings. Legal representation is especially important when detention, criminal history, prior removal orders, or humanitarian protection is involved.
Many cases are assigned to the Anchorage Immigration Court or handled through authorized video or telephone procedures. The hearing location can change, particularly when a person is detained or transferred, so the hearing notice and EOIR case information should be checked carefully.
The first hearing is commonly a master calendar hearing. The judge may address the allegations, confirm the respondent's address, discuss representation, set deadlines, and schedule an individual hearing.
Sometimes. Entry without inspection may prevent certain forms of relief, but it does not automatically eliminate every defense. Asylum, withholding of removal, Convention Against Torture protection, and some waivers or family-based remedies may still be available depending on the facts.
Asylum applications generally must be filed within one year after the person's last arrival in the United States. Exceptions may apply for changed or extraordinary circumstances, but they require supporting evidence and prompt action.
Some detained people may request a bond hearing, while others face mandatory detention or additional restrictions. The judge may consider danger, flight risk, immigration history, criminal history, and available relief.
The judge may issue an in absentia removal order if proper notice was provided. A motion to rescind may be possible for lack of notice or certain exceptional circumstances, and strict deadlines can apply.
Yes. A lawful permanent resident may face removal for specified criminal convictions, immigration violations, fraud, or other statutory grounds. Possible defenses can include cancellation of removal, waivers, an attack on the government's charge, or relief based on the particular conviction.
Fees vary by detention status, case complexity, required applications, appeals, and expected hearing time. Ask whether the quote covers court appearances, applications, evidence preparation, expert work, appeals, and government filing fees.
There is no standard timeline. A case may take months or several years depending on court scheduling, detention, continuances, background checks, appeals, and whether the case involves an individual merits hearing.
Expedited removal happens without the ordinary immigration court process in many circumstances. A lawyer may assess credible-fear procedures, parole, detention review, or other available steps, but immediate action is often essential.
A party may generally appeal an immigration judge's decision to the Board of Immigration Appeals, subject to filing deadlines and applicable rules. Further federal court review may sometimes be available, but immigration court appeals and federal petitions have different procedures.
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