Deportation Removal
Proceedings
Deportation
(a process that is also called
"removal") occurs when the
federal government orders that a non-citizen be removed from the United
States, typically after the violation of immigration or criminal laws.
Removal
is a legal proceeding, and an alien who is
subject to this
procedure has legal rights prior to being removed from the country,
including the right to challenge the removal itself on procedural or
constitutional grounds.
U.S. Immigration and Customs
Enforcement (ICE) has recently stepped up its efforts in Minnesota and
throughout the Midwest. But workplace raids are not the only threat to
the residency status of aliens in the U.S. A routine traffic stop, a
denial of a visa petition, or a denied asylum application can
also result in a deportation proceeding.
Malee
Ketelsen has extensive experience representing clients facing
deportation and removal. If you or a loved one faces the threat of
deportation, she may be able to help you.
As a
reputable and competent attorney, Malee can explain your
rights and discuss strategies to avoid removal and apply for relief
from deportation. Malee handles deportation cases at all levels of the
immigration system which may include appeals to administrative and
appeals courts. Malee will explore multiple bases on which to contest
the removal proceeding — on procedural grounds, on factual grounds, any
by examining possible forms of relief including asylum,
withholding of removal, torture convention relief, cancellation of
removal, temporary protected status, adjustment of status, motions to
reopen or reconsider, administrative appeal, voluntary departure, VAWA,
judicial appeal, or any another basis.
A removal
action can cause great turmoil in your life, affecting your job, your
family, and threatening everything you have worked for. Malee Ketelsen
will explain your rights and advise you on all possible avenues to
avoid deportation.
If you, a friend, or a loved one is currently
residing in the U.S. undocumented, know your rights. Please use this link for advice
from the National Immigration Project.
Information about Removal Hearings
Courtesy U.S. Department of
Justice
Removal
hearings are conducted to determine whether certain aliens are subject
to removal from the country. The distinction between exclusion and
deportation proceedings has been eliminated, and aliens subject to
removal from the United States are now all placed in removal
proceedings. Thus, the removal proceeding is now generally the sole
procedure for determining whether an alien is inadmissible, deportable,
or eligible for relief from removal.
The
Department of
Homeland Security
(DHS), which absorbed the functions of the Immigration and
Naturalization Service (INS), is responsible for commencing a removal
proceeding. If the DHS alleges a violation of immigration laws, it has
the discretion to "serve" the alien with a charging document, known as
a Notice to Appear. This document orders the individual to appear
before an Immigration Judge, and advises him or her of, among other
things:
- Nature of the proceedings against the
individual;
- Individual's alleged acts that violated the
law;
- Individual's right to an attorney; and
- Consequences
of failing to appear at scheduled hearings.
Removal
proceedings generally require an Immigration Judge to make two
findings: (1) a determination of the alien's removability from the
United States, and (2) whether the alien is eligible for a form of
relief from removal.
Contact U.S.
Immigration Attorney Malee Ketelsen
for representation or advice with your deportation or removal
case.