AILO - Kaye A. Y. Evans - 1981 to 2011

DEPORTATION/REMOVAL

When the Immigration Service serves an individual with a Notice to Appear in the Immigration Court, that person’s status in the United States becomes extremely delicate and great care must be taken to ensure that nothing goes wrong since even an accidental failure to appear at a hearing can and WILL result in the issuance of order of removal in absentia. (In other words, you will be ordered deported in your absence and may never know.)

Once an order of removal has been issued, even if the failure to appear was accidental or if there was a good reason, it becomes extremely difficult to correct.

Forgiveness for failure to appear is given by the Immigration Judge only in very limited circumstances. However, sometimes it is still possible to re-open a case. If the Immigration Court and the Immigration Service have been unreasonable when they made their decision on a request to re-open the case, the matter may be appealed to the Board of Immigration Appeals ('BIA") and, if they too, are unreasonable, the matter may be taken to the United States Court of Appeals for a determination as to whether the Immigration Court and the BIA have been unreasonable. If they are found to have been unreasonable, the High Court may order the Immigration Court or the BIA to reopen the case and give the person another opportunity to be heard. Note very carefully, however, that there is a limited period within which all such requests have to be made. Once that time has passed, there is no further opportunity to be heard.  Even if the individual does not fail to appear, their position while in proceedings is still very tenuous and great care must be taken to ensure that the individual is not deported or "removed" from the United States for other  "technical" reasons.  As an example, not being able to take time off from your job is NOT a good reason when facing deportation. The reason has to be an eventuality that is extremely serious and has literally made it impossible for you to appear.

Removal or deportation will mean that the individual will have a great difficulty to returning to the United States, even if they have close ties to citizens or lawful residents of the United States. It is recommended that you CALL the Immigration Court Clerk EARLY if you think you have a VERY good reason for not being able to attend the hearing. Your local Immigration Court’s telephone number can usually be obtained through Directory Assistance or from the Executive Office for Immigration Review’s (EOIR) web site.  Please have your A-number available when calling.  Please go to EOIR Nationwide Court Listings 

There are several different forms of relief from deportation or removal that are available to individuals. depending on their prior status in the United States. Availability of relief depends on: how the indidual entered the United States. his or her family ties in the United States, and how long he or she has resided in the United States.  Criminal activity will complicate matters. Note, however, that even individuals with certain types of criminal offenses may still have an opportunity to apply for relief from removal and remain in the United States. For more details

If you have any questions, please do not hesitate to call 323-658-1111 or send an email to: admin@immigrationhelp.net