Removal / Deportation Proceedings and Court Hearings

By:  Richard Hanus, Esq. Published May 28, 2022 For foreign nationals living in the U.S. for an extended period without immigration status, one of the most often used and potent defenses to deportation is an Application for Cancellation of Removal for Nonpermanent Residents (FORM EOIR-42B).  Whether they overstayed their visa or entered the U.S. without inspection, an undocumented foreign national who meets certain eligibility requirements may qualify for Cancellation of Removal, an avenue for relief that leads to green card issuance.  The ultimate decisionmaker on this type of application is the Immigration Judge presiding over removal proceedings, and with a U.S. Department [...]

By:  Richard Hanus, Esq. Published June 13, 2021 With 12 million or so foreign nationals residing in the U.S. without lawful immigration status, agents of the U.S. Department of Homeland Security’s Immigration and Customs Enforcement department have no shortage of work to carry out.  Indeed, this has been our nation’s steady reality for decades and our most recent ex-President ascended to office with promises to leave no undocumented person behind, and deport them all.  Well, of course, that mass deportation promise never came close to being kept although it certainly provided fresh red meat for gleeful rally celebrations. Now we are [...]

Published May 1, 2021 By Richard Hanus, Esq. The U.S. Supreme Court this past week issued a major decision regarding the way foreign nationals must be notified to appear for their initial court date for removal (aka deportation) proceedings.  The decision was noteworthy in many regards, including that it bulks up the rights of immigrants fighting to remain in the U.S. and that it was penned by a notoriously conservative judge, with other conservatives on the court joining in the opinion. A “Notice to Appear” or NTA is the charging document issued by the U.S. Department of Homeland Security’s Immigration and Customs Enforcement (ICE) [...]