Removal Defense

Removal proceedings carry potentially profound and severe consequences if defended unsuccessfully. Families can be separated permanently. Family members raised in the US may be forced to leave with their deported spouse, parent or sibling for an unfamiliar country that they have no knowledge of. The deported foreign national may also be barred from ever returning to the US.
 

Removal proceedings require specialized knowledge of important court decisions in several different federal court systems along with the interpretation of immigration laws, statutes, regulations and policy. 
 

The Varela Law Firm can help you throughout the court proceedings and can also help with your fight to get bond for your loved one.
 

Most detained individuals in removal proceedings, except those convicted of certain crimes, are eligible for bond. The immigration judge is not required to set bond in any case. If a bond is set, however, the minimum amount is $1,500. Depending upon the foreign national’s personal circumstances, immigration and criminal history, the bond amount set can potentially be much, much higher. Bond is intended to ensure that the foreign national appears at all future immigration hearings. Bond is not intended as a punishment. It is important to note that either side may appeal the immigration judge’s bond decision. If DHS appeals the bond decision, the foreign national may be required to remain detained until the appeal is decided.
 

A foreign national requesting a bond must provide evidence to show that he/she will appear at all future hearings and is not a threat to person, property or national security. The immigration judge will evaluate the bond request by considering the foreign national’s:
 

  • Local family ties

  • Prior arrests and convictions, and appearances at hearings

  • Employment

  • Membership in community organizations

  • Manner of entry and length of time in the US

  • Immoral acts or participation in subversive activities

  • Financial ability to post bond

  • Property in the US

  • Previous immigration violations

  • Defenses to immigration charges

  • Eligibility for relief

  • Humanitarian factors (for example, a seriously ill spouse or child)
     

Requesting Parole

Certain individuals, who are ineligible for a bond hearing before an Immigration Judge, may be eligible to request parole. Parole is a process by which the government allows a person to remain in the US free from detention while removal proceedings move forward. A parole request must be made to the DHS, and decisions are based on the following factors (same as considered when redetermining bond):
 

  • Local family ties

  • Prior arrests and convictions, and appearance at hearings

  • Employment

  • Membership in community organizations

  • Manner of entry and length of time in the US

  • Immoral acts or participation in subversive activities

  • Financial status

  • Property in the US

  • Previous immigration violations

  • Defenses to immigration charges

  • Eligibility for relief

  • Humanitarian factors (for example, a seriously ill spouse or child)

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