Immigration consequences of criminal convictions

Immigration consequences of criminal convictions are defined by an ever changing landscape of federal statutes, regulations, and court created case law.  It is extremely important that you consult with an attorney to determine what options you have when faced with deportation based on criminal convictions.  Many crimes that once triggered deportation may no longer be deportable offenses.

The Immigration and Customs Enforcement (ICE) bureau within the Department of Homeland Security (DHS) is tasked with deporting non-citizens with criminal convictions.  ICE has the burden of proof and only an experienced immigration attorney can assess whether they have met their burden.  During the deportation process, you must employ every means possible to terminate the proceedings.  Every second counts, especially when you are pursuing remedies to vacate or modify your conviction in the state where the conviction occurred. 

Immigration is a federal matter

Because immigration is regulated by the federal government, attorneys admitted into any state bar, including the District of Columbia, may practice immigration law in any immigration court or the Board of Immigration Appeals.  The firm has represented clients from a number of different states in immigration matters.  Currently, the firm can only pursue state post-conviction remedies in Maryland and the District of Columbia. 

Appealing to the Board of Immigration Appeals

CRITICAL:  You only have 30 days to file a notice of appeal from your decision in the immigration court to the Board of Immigration Appeals 

The most import thing to remember is that even though you may have lost the battle in the immigration court, you may not have lost the war.  The immigration court is your best chance of beating deportation, but the Board of Immigration Appeals (BIA) is you next best chance.  The BIA is a federal immigration appeals court and every appeal from every immigration court goes to the BIA.  This is a critical stage because, in general, the BIA can completely review the decision of the immigration court.

In some cases, the Department of Homeland Security will appeal your case even though you won.  You need an experienced attorney to protect your hard-fought victory. 

Motions to reopen and motions to reconsider

Motions to reopen and motions to reconsider may be filed in the immigration court and the Board of Immigration Appeals.  Motions to reconsider ask the court to reconsider a possible error in fact or law from a previous decision.  Motions to reopen ask the court to consider new evidence that was not available before.  Both motions have strict filing deadlines - the motion to reconsider must be filed within 30 days of a final judgment and the motion to reopen must be filed within 90 days of a final judgment.  However, there are exceptions and even if your case has been decided years ago, there may be a way to get your case reopened. 

You may be able to get your case reopened if you think your previous attorney did not do a good job on your behalf.  In these circumstances, you can file a motion to reopen based on ineffective assistance of counsel.  Only an experienced attorney can guide you on whether or not you have a meritorious claim because not every shortcoming of your previous attorney is actionable. 

Mandamus in federal court

How long have you waited for your adjustment of status application?  How long have you waited for your naturalization application? How long have you waited for any other United States Immigration and Citizenship Services application?  In many cases, you can file a civil action in federal court to make the United States Immigration and Citizenship Services take action on your application.  These suits are called mandamus suits and the firm has been very successful in expediting stalled adjudications. 

Refugee/Asylee "follow-on-to-join" applications

Because families often get separated during times of civil strife and war, refugees and asylees are permitted to apply to have their families join them here in the United States.  The regulations state that only spouses and unmarried children under the age of 21 are eligible for this benefit.  You must file a United States Immigration and Citizenship Services Form I-730 for each one of your family members you wish to bring to the United States.  You will also have to submit proof of your relationship and a recent photo of your family member.  However, you must submit the applications within two years, or you will need to submit a humanitarian waiver. 

Federal appeals courts

The federal appeals courts are your last hope at beating deportation.  The federal appeals courts review decisions by the Board of Immigration Appeals.  Congress has restricted the jurisdiction of the federal appeals courts in recent years making it all the more difficult to prevail in these courts.  Nevertheless, this option should not be overlooked.  Our firm specializes in strategic motions practice in the Board of Immigrations Appeals and well-written and well-researched briefs in the federal appeals courts to give you the best possible chance to beat deportation. 

Bond

In certain situations, you may be eligible to be released on bond instead of remaining in detention.  Not every immigration detainee is eligible, but it is important to find out if you are eligible because the length of detention can be lengthy depending on the complexity of your case. 

Habeas Corpus

"Habeas corpus" is Latin for "produce the body."  In practical terms, the United States federal courts have jurisdiction to determine whether a immigration detainee is being detained unlawfully.  Typically, habeas corpus is used to force Immigration and Customs Enforcement ("ICE") to release a detainee after the detainee has been ordered deported, but ICE cannot effectuate deportation for one reason or another.  Under Supreme Court law, if ICE cannot deport the detainee after six months, ICE will have to release the detainee under the writ of habeas corpus. 

Habeas corpus can also be used in the emerging area of prolonged detention.  Immigration detention was never designed to keep detainees incarcerated for years and years.  If you or someone you know has been detained for more than one year, you should consider filing a prolonged detention habeas corpus petition.