REMOVAL PROCEEDINGS

Deportation proceedings (removal proceedings) are a court process initiated by the government to deport an individual (both permanent residents and non-residents) from the United States.  Hearings are held at local immigration courts where it is important that an individual be represented by a qualified immigration attorney.  Statisically, the chances of winning a deportation case is much higher for those individuals who are represented by an immigration attorney. Mrs. Westerman-Keuning regularly represents immigrants facing deportation proceedings in immigration court in Miami and Orlando, Florida. Some common issues that place individuals at risk of being placed in removal proceedings are for example:  overstaying a visa, criminal arrest/conviction, immigration status violations, abandoning his or her green card status, immigration fraud, or entering the U.S. illegally or without proper documentation. Under the enforcement policies of the current administration, any immigrant in the United States in violation of the law may become a target for deportation.  

The deportation process begins when the government files a Notice to Appear, known as the NTA, with the local immigration court.  This is similar to a charging document such as an indictment in a criminal court case.  The Notice to Appear details the reasons that the government believes a foreign national to be removable from the U.S. and charges the individual with removability under specific provisions of law.  The immigrant may fight the validity of the charges against him or her by filing a Motion to Terminate.  If the judge sustains the charges against the immigrant, then he or she may then apply for relief from removal, if eligible. Our experienced immigration attorneys can then determine what relief may be available to the individual as a defense to deportation.  

Some common forms of relief available in Immigration Court proceedings are the following:

• Cancellation of Removal for Lawful Permanent Residents:  Certain lawful permanent residents can remain in the U.S. even after being found deportable for a criminal conviction if he or she meets certain requirements and shows that he/she merits relief under the pertinent case law.  If relief is granted the deportation is cancelled and the person remains a lawful permanent resident.  
• Cancellation of Removal for Non-Permanent Residents:  Individuals without status in the U.S. can apply to cancel his or her deportation if he/she meets the following criteria: 1) has been continuously present in the U.S. for 10 years before the initiation of removal proceedings; 2)  has not committed any crimes rendering him or her inadmissible; 3) has been a person of good moral character for 10 years; and 4) can demonstrate that his or her U.S. citizen or resident spouse, parent or minor child will suffer "exceptional and extremely unusual hardship" in the event the foreign national is deported.  If this relief is granted the deportation is cancelled and the individual is granted lawful permanent resident status (green card). 
• VAWA Cancellation of Removal:  This is a special form of cancellation of removal for those foreign nationals who are in abusive marriages with a U.S. citizen or resident.  The individual must demonstrate that he or she is a person of good moral character and has been physically present in the U.S. for the three years before the initiation of removal proceedings and that he or she suffered extreme cruelty and abuse at the hands of the U.S. citizen or resident spouse or parent.   
• Adjustment of Status (with or without a waiver):  Applications for permanent residency may be filed with the Immigration Court either as an initial application or a renewal of an application previously denied by USCIS.
• Waivers:  There are various waivers of deportability for certain individuals who have committed crimes or past immigration fraud.  Most waivers requiring a showing of "extreme hardship" to a U.S. citizen or resident spouse or parent.  Some of these waivers included waivers under Section 212(h), 212(i) and 212(c) of the Immigration & Nationality Act.  
• Voluntary Departure:  An individual may choose to take an order of voluntary departure and depart the United States on her own volition during a period of time set by the immigration judge.  A voluntary departure order allows an individual to depart the U.S. without having received an actual order of removal/deportation.
• Asylum:  An individual who fears for his life in his home country may apply for asylum, withholding of removal or relief under the Convention Against Torture.  This relief is discussed in more detail under the "Asylum" tab. 

Representation in removal proceedings is the most intricate process in immigration law and often the most important process to the individual in proceedings.  An individual needs an immigration attorney who is not only knowledgable of the law, but also truly cares for her clients.  Sasha Westerman-Keuning zealously defends all of her clients in immigration court and has a high success rate in removal proceedings.  She regularly attend hearings at the Miami Immigration Court, Krome Immigration Court, and the Orlando Immigration Court.   As time is often of the essence in removal proceedings, we encourage you to contact our office at your earliest convenience so that we may review your case and determine how we can best help you.

APPEALS

Unfavorable decisions issued by the immigration courts are appealed to the Board of Immigration Appeals in Falls Church, Virginia. Denials of cases by the Board of Immigration Appeals are appealed to the U.S. Circuit Court of Appeals with jurisdiction over the immigration court which issued the initial denial and order of deportation.  In Florida, this is the Eleventh Circuit Court of Appeals.

Mrs. Westerman-Keuning has extensive experience in representing individuals in appeals before the Board of Immigration Appeals, Administrative Appeals Office and Eleventh Circuit Court of Appeals. She successfully argued appeals on a wide variety of cases before various judicial bodies.  She implements excellent research and writing skills to write the best possible legal arguments on behalf of her clients.