Removal proceedings are initiated when the government serves and files a Notice to Appear on a respondent setting forth the reasons why the person should be deported. Some respondents are detained during their removal proceedings and some respondents are not detained.
If a person is detained, they may be eligible to be released on bond. The laws and procedures regarding bond eligibility are complex. Not every respondent is eligible to be released on bond or entitled to a bond redetermination hearing before an Immigration Judge. In some bond proceedings, the respondent must prove that they are not a flight risk or danger to the community in order to be released.
When an individual is in removal proceedings, they may seek relief from being deported so they can remain in the United States. There are many types of relief and having an experienced removal defense immigration attorney can ensure that the respondent seeks all options for relief that are available. Some relief from deportation may include asylum, withholding of removal and protections under the Convention Against Torture. Other relief may include 212(h) waivers for certain criminal history. A respondent may be eligible to adjust status before an Immigration Judge. Potential relief varies from case to case.
Contact the Law Office of Jennifer L. Hennessey at (916) 295-7650 for a free consultation with an experienced removal defense attorney.