Immigrant Removal

Often, foreign nationals will find themselves in removal proceedings in immigration court due to an unauthorized entry into the United States, overstaying the time authorized or other circumstances. In some cases, there are a variety of criminal issues that may further complicate the immigration proceedings.

There are certain requirements to removal proceedings that serve as guarantees to the alien that he or she will be treated as fairly as the process allows. The alien must be given proper notice and may choose to be represented by an attorney. The alien must be given the opportunity to present evidence on his or her own behalf and examine the evidence against him or her. The decision to remove/deport or not to remove or deport the alien must be based on "reasonable, substantial, and probative evidence."

When an alien is taken into custody, the ICE does have the option to release the alien. An alien must show that he or she does not pose a threat to national security or a bail risk. Factors to consider are previous arrests in the U.S., previous convictions, illegal entry in the U.S., employment status, participation in subversive activities, and the presence of relatives in the U.S. Some aliens are entitled to bond hearings in immigration court.

At Tully Rinckey PLLC we not only have immigration attorneys but we also have a team of Federal Criminal Defense Attorneys who are experienced in the United States Immigration Courts, making sure that clients are fully protected to the maximum extent allowed by the law. Appeals are taken and defended before the Board of Immigration Appeals.

If you or a loved one is facing the serious issue of removal from the United States, call Tully Rinckey PLLC at (518) 218-7100 today to set up a consult and develop a defense plan. For after-hours emergencies call (518) 727-3593.