Deportation Defense & Removal

Chicago Deportation/Removal Proceeding Lawyer in IL

Call (773) 687-0549 immediately for a consultation with our Chicago deportation attorneys who have substantial experience in Immigration Court.

When a foreign national is caught in the United States illegally or without immigration status, that person can be deported through a removal proceeding. If you have received a Notice to Appear and have a deportation case in immigration court, you should retain a Deportation Defense Lawyer that can defend you and help you stay in the United States. If you are facing deportation, contact our experienced and knowledgeable Chicago Deportation Lawyer today so we can come up with a strategy to fight for your case.

Cipolla has been recognized by many businesses for their service
Award winning Chicago Immigration Lawyers – Cipolla Law Group

If you want to increase your chance to stay in the U.S., having a competent immigration attorney to represent you during this procedure is crucial. Call (773) 687-0549 and schedule a consultation with our Chicago Deportation lawyer today! We have over 30 years of collective experience helping clients to live legally in the United States. We speak Chinese, Spanish, Italian, French and Portuguese.

Deportation Hearing in Chicago Immigration Court

Removal proceedings are administrative court proceedings initiated in the Immigration Court against an individual in the United States. They are initiated by the Department of Homeland Security (DHS) by the filing of a Notice to Appear (“NTA”), which generally states that you are removable from the United States because of violations of immigration or criminal laws.

In order for removal proceedings to be initiated against an individual, DHS must properly serve you with a Notice to Appear (NTA). The NTA lists the factual allegations, charges of removability, and the date and time scheduled for the your initial appearance before the Immigration Judge in Immigration Court.

It is at this initial appearance that you, whether represented by an deportation attorney or not, either concede to removability as charged or, alternatively, contest the removability. In the event you concede to removability as charged, you are then afforded an opportunity to submit to the Immigration Judge defense(s) to their removal.

Remember your Rights

Unlike criminal cases, deportation is classified as a civil sanction, access to counsel in deportation proceedings is not an afforded protection. Thus, many immigrants, especially those in ICE detention, have limited ability and face many obstacles in securing adequate legal representation in their removal or deportation proceedings. However, if you or a family member are being detained or facing deportation, you have a right to hire an immigration defense attorney to represent you or your family member in the removal and deportation proceedings.

In fact, deportation defense lawyers play an important role for individuals facing the threat of deportation. A knowledgeable and good deportation defense lawyer will definitely increase your chance of a fair hearing and to present a meritorious defense(s) to your removal. At Cipolla Law Group, our Chicago Deportation lawyers have successfully helped hundreds of clients to achieve their immigration goals. For immediate help, call (773) 687-0549 for a consultation!

If you want to increase your chance to stay in the U.S., having a competent immigration attorney to represent you during this procedure is crucial. Call (773) 687-0549 and schedule a consultation with our Chicago Deportation lawyer today! We have over 30 years of collective experience helping clients to live legally in the United States. We speak Chinese, Spanish, Italian, French and Portuguese.

What are Defenses to Removal?

Defenses to removal are commonly referred to as applications for relief to removability. These include, but are not limited to, applications for asylum, withholding of removal, protection under the Convention against Torture (“CAT”), cancellation of removal under INA Section 240(a) or (b), and voluntary departure.

These applications are submitted to and adjudicated by the Immigration Judge, whom, at the conclusion of removal proceedings, issues a decision either granting or denying the relief presented and sought by you. In the event the Immigration Judge denies the application(s) for relief, and no other applications remain unadjudicated before the Court, the Immigration Judge will order you removed pursuant to the charges previously conceded to.

How can you stop Deportation?

Cancellation of Removal

The process of cancelling the removability of an foreign national is available to qualifying lawful permanent residents and qualifying non-permanent residents. For lawful permanent residents, cancellation of removal may be granted if the individual:

  • Has been continuously present for at least 10 years;
  • Has been a person of good moral character during that time;
  • Has not been convicted of an offense that would make him or her removable; and

Demonstrates that removal would result in exceptional and extremely unusual hardship to your immediate family members (limited to the your spouse, parent, or child) who are either U.S. citizens or lawful permanent residents.

Voluntary Departure

The Department of Homeland Security or an Immigration Judge may grant voluntary departure to a person who agrees to depart the U.S. at his or her own expense in lieu of being subject to proceedings. The benefit of Voluntary departure is the foreign national avoids the 10-year ban on re-entry and receiving benefits by agreeing to depart the United States voluntarily, thus carrying no impediment to legally returning to the United States.

Conditions may be attached to the granting of Voluntary Departure including the posting of a bond, continued detention pending departure, and departure under safeguards. Aggravated felons and persons engaged in terrorist activities are ineligible for a prehearing of Voluntary Departure. An alien who receives a voluntary departure grant and fails to depart within the specified time frame is ineligible for a period of 10 years for certain forms of relief, including another grant of voluntary departure, cancellation of removal, and adjustment of status. You will be eligible for cancellation of removal if you:

  • have been a lawful permanent resident for at least 5 years;
  • have continuously resided in the United States for at least 7 years after having been lawfully admitted; and
  • have not been convicted of an “aggravated felony,” a term that is more broadly defined within immigration law than the application of the term “felony” in non-immigration settings.

If you want to increase your chance to stay in the U.S., having a competent immigration attorney to represent you during this procedure is crucial. Call (773) 687-0549 and schedule a consultation with our Chicago Deportation lawyer today! We have over 30 years of collective experience helping clients to live legally in the United States. We speak Chinese, Spanish, Italian, French and Portuguese.

Asylum

A discretionary form of relief granted to a “Refugee”. To be considered a refugee and be eligible for asylum, you must prove that you are unable to return to your home country because of past persecution or a well-founded fear of future persecution based upon your race, religion, nationality, membership in a particular social group, or political opinion.

Asylum must be filed within your first year of arrival in the United States. Convictions of an aggravated felony or being considered a danger to national security may make you ineligible for Asylum. However, Convention Against Torture Act or Withholding of Removal may be alternative forms of relief.

Withholding of Removal

A similar and alternative form of relief to Asylum whereby successfully proving the form of relief does not lead eligibility for permanent residence, however employment authorization may be applied for. To establish withholding of removal relief, you must prove that it is more likely than not that your life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion in the proposed country of removal.

Protection Under The Convention Against Torture (CAT)

CAT protection is established under Article 3 of the United Nations Convention Against Torture, an International Treaty. CAT protects and obligates the United States and other member countries to protect foreign nationals from being returned to countries where they would more likely than not face torture. The Applicant must prove that more likely than not that they would be tortured if removed to a specific country. CAT does not make the successfully applicant eligible for permanent residence, however they may apply for employment authorization.

If you want to increase your chance to stay in the U.S., having a competent immigration attorney to represent you during this procedure is crucial. Call (773) 687-0549 and schedule a consultation with our Chicago Deportation lawyer today! We have over 30 years of collective experience helping clients to live legally in the United States. We speak Chinese, Spanish, Italian, French and Portuguese.

What is Special Immigrants Juvenile Status?

Special Immigrants Juvenile Status (SIJS) is a way for immigrants under the age of twenty-one (21) to obtain legal permanent status in the United States. For minors in removal proceedings, a SIJS application may be submitted to the Court as an application in defense to removal. However, prior to submitting a SIJS application to the Immigration Court, it is first required that a Family Court or Surrogate’s Court issues what is called a special findings order in either guardianship, custody, or adoption proceedings.

               The special findings order is what declares the minor eligible for SIJS, but, in itself, does not provide a direct path to permanent status in the United States. Instead, the special findings order is used to support a SIJS application submitted to the Court once the special findings order is completed and issued. Once the SIJS application is submitted to the Immigration Court, the Court will then allow the minor sufficient time to attend his or her SIJS application interview with USCIS prior to his or her next required appearance to the Immigration Court. In the event USCIS approves the SIJS application following the interview, the approval is then submitted to the Immigration Court for the judge to review and render a decision in the minor’s removal proceedings.

               In order to qualify for SIJS, an individual must be under the age of twenty-one (21), unmarried, is found to be dependent on the Family Court or Surrogate’s Court and must also be able to show that reunification with one or more of his or her parents is not a viable option and that it is not in his or her best interest to return to his or her country of nationality.

               If you believe you are eligible for SIJS you should speak with an experienced immigration attorney to determine whether a SIJS application is a viable form of relief in your removal proceedings.

What if Immigration Judge denies relief and orders removal to deport me?

In the event an Immigration Judge denies all relief and orders you removed, you are still afforded an opportunity to appeal the IJ’s decision to the Board of Immigration Appeals (“BIA”). In such a case, you have thirty (30) days from the date of the IJ’s order to indicate whether you would like to appeal the IJ’s decision.

During the pendency of an appeal by you, you cannot be removed from the U.S. pursuant to the order of removal entered by the IJ. Once, and only once, the order of removal becomes a final order of removal, may you be removed from the United States by the Dept. of Homeland Security.

Chicago Deportation and Removal Proceeding Attorney

Removability and Deportation are very serious matters and require an intelligent defense. It is important to have a skilled Immigration Attorney represent you that understands the process and effectively asserts your defense. At Cipolla Law Group, we have over 30 years of combined experience fighting for the right of immigrants and are skilled to effectively represent you in court and before the government agencies. Call (773) 687-0549 or contact us online today for a consultation.

Best Immigration Lawyer in Chicago

Deportation Frequently Ask Questions


What are considered removal proceedings in immigration court?

If you are required to appear to the Immigration Court in removal proceedings, it is because the U.S. Government believes you are removable from the United States under one or more provisions of the Immigration and Nationality Act (“INA”). However, this may not mean that you face imminent removal (deportation) from the United States. Instead, it means, that you could be removed (deported) from the United States by the Immigration Judge at the conclusion of your proceedings. The Immigration Judge also has the authority to grant an application for relief to removal, following its adjudication in Court.


What is the difference between removal proceeding and deportation?

When someone is issued a Notice to Appear (NTA) by the Immigration Court (Executive Office for Immigration Review or EOIR), that person has been placed into removal proceedings. Individuals in removal proceedings need to present some type of relief from removal in order to avoid deportation (a final removal order). A removal order (formerly known as a deportation order) can be issued if a judge denies an individual’s application or if an individual fails to present themselves in court.


What can I do if I’m detained at the airport and I’m not a U.S. citizen?

If you are detained at the airport as a non-citizen but you had a visa, such as a B or F nonimmigrant visa, you may have your visa revoked and be issued with an expedited order of removal. This means you are barred from entering the US for five years. While there is no appeal for an expedited removal order, you should seek help from an experienced immigration attorney once you return to your home country.

If you are a U.S. resident (green card holder) and are detained at the airport, the most common reasons for the detention are typically either you (1) have left the country for longer than six months; (2) have involved in illegal activities within or outside of the U.S., (3) have abandoned your U.S. residency or (4) have committed a felony or crime of moral turpitude. Again, in such situations, you or a family member should contact an experienced immigration lawyer to protect your immigration rights. While you will not likely be immediately removed, you will likely be issued a Notice to Appear (NTA) which states the reasons for the deportation. At this point, you should seek immediate assistance from an experienced immigration attorney or call 773-687-0549 or contact Cipolla Law Group online for a consultation.


What happens when you’re in Removal Proceedings?

Usually there are at least two hearings in Immigration Court – the Master Calendar Hearing and the Individual Hearing. The Judge will ask for a response to the charging document and applications for relief from removal at the first hearing. The final hearing is when you are able to present your case for relief from removal with evidence, testimony and legal arguments. If you do not have an attorney at your first Immigration Court hearing, you can ask for time to find an attorney.

At your removal proceedings, the Immigration Judge will provide you with an opportunity to present and submit any and all applications you may have available to you as potential relief to your removal. These applications, if any, once submitted will subsequently be adjudicated by the Immigration Judge, who will decide whether the relief application(s) presented by the individual warrants relief under the Immigration Law. In addition to statutory eligibility for the relief sought, in general, an individual must also be a person of good moral character and otherwise demonstrate to the Court that he or she warrants a favorable exercise of discretion for the relief sought.

To determine whether you are eligible to submit an application in defense to your removal in Immigration Court proceedings, you should consult with an experienced attorney who specializes in representing individuals in proceedings before the Immigration Court.


Can I apply for a green card while in removal proceeding?

Yes, if you qualify. If you qualify for a green card, an Immigration Judge can adjudicate your application. There are several considerations and eligibility requirements, so be sure to consult an immigration attorney for help with any application in Immigration Court.


Do immigrants have the right to a lawyer in removal proceeding?

Yes, immigrants do have the right to hire a lawyer to defend themselves in immigration court, however the cost of legal representation will be bore by the immigrants and you can not get legal aid for immigration cases.

Unlike most Courts in the United States such as criminal courts, the Immigration Court is not required to provide an individual with access to free legal counsel. Most Immigration Courts will provide individuals with a fair opportunity to secure private counsel on their own volition, but at no expense to the Court or to the U.S. Government. It should be noted, an individual’s access to counsel in removal proceedings often makes a difference in the outcome of a case, as those represented in Immigration Court by a immigration lawyers are far more likely to receive a favorable outcome in their case than those who go unrepresented throughout the duration of their proceedings.


Can marrying a U.S. citizen stop deportations?

In many instances, individuals who have been previously ordered removed by the Immigration Judge retain a limited ability to stop deportation by way of adjustment of status based on their marriage. Marrying a U.S. citizen while in a removal proceeding does not automatically stop or prevent you from being deported.

First of all, you will need to proof that the marriage is genuine and not for immigration benefits as the law presumes otherwise. Assuming you’re qualified for a marriage based green card, if you entered the U.S. illegally, you may not be able to adjust your immigration status to a green card status within the U.S. In that case, you may need either a provisionally waiver or I-601 hardship waiver to reenter the U.S. There are many hurdles that you need to overcome and you should talk to an experienced immigration lawyer in order to understand the benefits and risks involved in the process.

In short, if you qualify for a green card, an Immigration Judge can adjudicate your application. There are several considerations and eligibility requirements, so be sure to consult an immigration attorney for help with any application in Immigration Court.


What is Equitable Tolling for Immigration Cases?

Equitable tolling is a principle of law that allows individuals to file a law suit, claim or immigration application after the standard statute of limitation is expired. In common law, in order to file an immigration application such as an adjustment of status application mentioned above, it must be done within a time frame recognized by the law. If you file a case or claim beyond that time frame, you will lose your right to file such claim or case.

However, in criminal or civil cases, such as removal proceedings, you can still file a case beyond the statute of limitation via what is called equitable tolling. In essence, equitable tolling comes in place when you have been removed from the immigration judge and later need to adjust your status. Generally, in order to adjust your status, you will have to file a motion of reopen within 90 days from when the immigration judge’s final decision of your removal proceeding case. If you decide to get married with a US citizen after the 90 days requirement and wish to adjust your status, the 90 days period will be equitably tolled or extended so you can timely file your motion to reopen.

If you believe that you may have new evidence or extraordinary circumstances sufficient to support a motion to reopen in your previous immigration proceedings, you may want to consider consulting with an immigration attorney experienced in preparing, submitting and subsequently litigating successful motions to reopen in Immigration Court.


What happens after immigration judge orders removal?

If, at the conclusion of your immigration proceedings, the Immigration Judge enters an order of removal from the United States against you, it is certainly a setback for you and your immigration matters. However, this order of removal entered by the Immigration Judge does not become a final order of removal at that precise moment. Instead, either party has the right to appeal the Immigration Judge’s decision in removal proceedings, and has up to thirty (30) days following the entry of the decision by the Immigration Judge to submit a notice of appeal to the Board of Immigration Appeals (“BIA”).
Subsequently, the Board of Appeals will provide a scheduling order, indicating deadlines for each party to submit materials in support of their argument on appeal. Appellants also have the option to make an oral argument in front of the Board of Immigration Appeals.

During the pendency of an appeal by you, you cannot be removed from the U.S. pursuant to the order of removal entered by the IJ. Once, and only once, the order of removal becomes a final order of removal, may you be removed from the United States by the Dept. of Homeland Security.

You may be interested in:

Contact Us

Chicago Immigration Lawyers

Name
Name
First
Last