Whenever the Immigration and Customs Enforcement Service (ICE) detains an alien present in the United States, suspected of being unlawfully present in the country, either for crossing the frontier illegally, overstaying his/her visa, violating the conditions of admission, or in relation to criminal activities, among other reasons, this person is placed in removal procedures, popularly known as "deportation".

All removal procedures are conducted before the Immigration Courts. There, an administrative law judge of the US Department of Justice determines if the alien is, in fact, deportable and if he/she qualifies for any of the remedies provided by immigration laws.

These procedures start when the alien is served a document known as a "Notice to appear". There, the Immigration Service will indicate what is your immigration status, the reasons why you may be deported from the United States, and the date when you must appear before the Immigration Court. According to such information, the alien may request a remedy from the Immigration Judge, either to cancel his deportation and stay in the country, or the neutralize the adverse effects a removal order may have in your immigration record.

Contrary to popular belief, detention by ICE or any other immigration agency and being placed in removal procedures does not imply that you are automatically deportable. Depending on your case, you may have a legal remedy available.

If you were placed in removal procedures and are in need of legal assistance, call us today.

Sample list of some of the legal remedies that may be requested in removal procedures

I. "Cancellation of Removal".

Cancellation of Removal is a remedy to stop a deportation. If the alien satisfies all the requisites enumerated in the Immigration Code, and proves that his/her case has sufficient equities to merit the exercise of discretion from the Immigration Judge, he/she may be allowed to remain in the United States. If the alien is not a lawful permanent resident - those who are unlawfully present in the US - he/she may adjust status to permanent resident at the conclusion of the removal procedures.

II. Voluntary Departure

Voluntary departure is a remedy where the alien requests permission from the Immigration Court to leave the United States at his/her own expense.

This remedy is available for those aliens that have not been previously removed, are not aggravated felons, and are not catalogued as terrorists, among other requirements. It may be requested during removal procedures and after their conclusion. However, if voluntary departure is requested at the end of removal procedures, the burden of proof required to justify its concession is greater than if requested at the beginning or during the course of the hearings before the Court.

The main benefit of this remedy is that the alien may leave the United States and have a "clean" immigration record. In other words, if the alien requests admission into the United States at a later date, he/she will not be subjected to the 10 or 20 year bar (or even for life) that deportees face.

III. Withholding of Removal

A withholding of removal is a mandatory remedy with some similarities to political asylum. If granted, in contrast to asylum, it does not provide the alien with a path towards permanent residence or any other other status. Generally, this remedy is requested alternatively when the alien is disqualified from requesting political asylum, yet demonstrates a clear probability of the existence of a threat to his/her life or liberty for racial, social, national or ideological reasons if removed to his/her country of origin.