EOIR Processes / Removal Proceedings
The immigration court system is the mechanism by which citizens of other countries are placed in removal proceedings and deported from the United States. You can be placed in removal even if you are legally in the U.S. Being in immigration court is one of the most distressing and uncertain situations for individuals and families. It can be difficult to understand what is happening and how you should move forward. It can also be hard to know exactly what relief from removal you can pursue. Our office can assist with a variety of immigration cases including the following:
Immigration bond hearings are where an amount of money is set by an Immigration Judge. It is a condition for the release of people in immigration detention. Bond hearings are separate from Immigration Court proceedings on deportation, asylum, and cancellation of removal. After a bond hearing or bond redetermination, your Individual hearings will be set at a later date.
- Voluntary Departure
During immigration proceedings you may voluntarily choose to leave the United States instead of being deported. In this type of immigration court proceeding, you are agreeing to leave the United States by a specific date.
- Asylum, Withholding of Removal and Convention Against Torture For individuals who fear persecution if they are forced to return to their home country, asylum or withholding of removal proceedings in Immigration Court may be an option for relief.
- Cancellation of Removal
An application for Cancellation of Removal can only be filed in Immigration Court. This is a form of discretionary relief that will allow a person who has been in the United States for a specific period of time who may otherwise be deportable to get a green card.
- Special Immigrant Juvenile Status
Status given to children who have been abused, abandoned, neglected, or orphaned. If you are granted SIJS you may be eligible to apply for a green card.
- Motions to Reopen
Motions to Reconsider or Reopen are requests filed with the Immigration Court asking them to reexamine a case that has already been ended or closed. Motions to Reopen may be filed in situations where there has not been proper notice of a hearing or you have missed a hearing because of an emergency.
If an immigration judge has denied your application or petition for immigration relief, you can appeal the decision to the Board of Immigration Appeals. You MUST let the Immigration Court know if you plan to appeal their decision within 30 days after you receive it. It is important to contact an immigration attorney immediately if you wish to appeal the decision of an Immigration Judge.
Unfortunately, no one has the right to have an attorney provided for them when they are placed in removal or deportation proceedings. Navigating removal or deportation proceedings in immigration court without an attorney is an impossible challenge. Even if you have lost your case, you should check to see if you can file an appeal. If you or a family member have been placed in immigration court, call our Nashville Immigration attorney’s office at (615) 475-7041 for a consultation.