U.S. Immigration Attorney
John A. Nicelli
225-Broadway N.Y.C., N.Y. 10007
Phone: 212-227-8020
Fax: 212-227-8175
E-mail:JohnNicelli@aol.com
Mon.-Fri. 9:00am-5:00pm
Sat.-9:30am-1:00pm
DEPORTATION/REMOVAL
Within the U.S. Department of Justice, more than (200) Immigration Judges located in more than (55) fifty-five Immigration Courts nationwide conduct proceedings and decide individual deportation/removal cases. Removal proceedings account for approximately eighty percent of Immigration Judges caseload. Federal rules of evidence are inapplicable in Immigration Court thus, an Immigration Judge has greater Authority to consider most kinds of evidence in deciding a case. The types of proceedings an Immigration Judge may preside over are briefly discussed below.
The Immigration Judge presides in formal, quasi-judicial hearings. Proceedings before Immigration Judges include but are not limited to Deportation,Exclusion,Removal,recession,and bond. The immigration Judge makes decisions, which are final unless formally appealed, in connection with these proceedings, exercises certain discretionary powers as provided by the law, and is required to exercise independent judgment in reaching final decisions. Immigration Judges may be required to conduct hearings in penal institutions and other remote locations.
A foreign-born individual, who is charged by the Department of Homeland Security (DHS) with violating immigration law, can be ordered removed from the United States or may be granted relief or protection from removal and be permitted to remain in this country. To make these critical determinations, Executive Office for Immigration Review's (EOIR) Office of the Chief Immigration Judge (OCIJ) thru the Immigration Courts conduct proceedings, called Removal /Deportation Proceedings.
Removal /Deportation Proceedings:
(DHS) Department of Homeland Security initiates removal proceedings when it serves the individual with a charging document, called a Notice to Appear. If the individual is in deportation proceedings the individual is served with an order to show cause. Both a notice to appear or order to show cause indicate that the individual must appear before an Immigration Judge. Notices contain the alleged immigrants Law Violations, that same notice is filed with the Immigration Court where the individual will be scheduled to appear before an Immigration Judge. There may be one or multiple hearings,
depending on what happens in the case. The two parties in the hearing are the individual named in the Notice to Appear and Department of Homeland Security (DHS).
The Department of Homeland Security (DHS) attorney represents the government and seeks to prove that the individual should be removed from the United States. Removal and Deportation proceedings begin with a "master calender" hearing,where the Immigration Judge ensures the individual understands the alleged immigration law violations. The Judge also provides information on available free legal representation resources in the area. Then, generally, the Immigration Judge will schedule an "individual" hearing, where both parties present the merits of the case to the Immigration Judge.
The outcome of many deportation/removal proceedings depends on whether the individual is eligible for relief from removal. In order to determine what relief you may or may not be eligible for Contact John A.Nicelli an experienced attorney who will guide you and discuss the possible remedies available to you. John A.Nicelli has represented thousands of individuals over the last (28) years with numerous immigration problems. Some clients have had far more complex problems than others, however in all cases you must have a strategy to win. Read some of the stories of clients John A.Nicelli has represented. You too can be assured of representation from someone who has always been a defender of immigrants.
FOR RELATED INFORMATION PLEASE CLICK HERE: STOPPED ON A BUS OR TRAIN
To schedule a consultation, Please click here: CONTACT US
Fill out the form and call us. (212) 227-8020
Types of relief an Immigration Judge can grant when you are in Deportation or Removal
proceedings:
Asylum Registry
212C Waivers Fraud Waivers
Release on Bond Hardship Waivers
Voluntary Departure Adjustment of Status
Withholding of Removal Withholding of Deportation
Within the U.S. Department of Justice, more than (200) Immigration Judges located in more than (55) fifty-five Immigration Courts nationwide conduct proceedings and decide individual deportation/removal cases. Removal proceedings account for approximately eighty percent of Immigration Judges caseload. Federal rules of evidence are inapplicable in Immigration Court thus, an Immigration Judge has greater Authority to consider most kinds of evidence in deciding a case. The types of proceedings an Immigration Judge may preside over are briefly discussed below.
The Immigration Judge presides in formal, quasi-judicial hearings. Proceedings before Immigration Judges include but are not limited to Deportation,Exclusion,Removal,recession,and bond. The immigration Judge makes decisions, which are final unless formally appealed, in connection with these proceedings, exercises certain discretionary powers as provided by the law, and is required to exercise independent judgment in reaching final decisions. Immigration Judges may be required to conduct hearings in penal institutions and other remote locations.
A foreign-born individual, who is charged by the Department of Homeland Security (DHS) with violating immigration law, can be ordered removed from the United States or may be granted relief or protection from removal and be permitted to remain in this country. To make these critical determinations, Executive Office for Immigration Review's (EOIR) Office of the Chief Immigration Judge (OCIJ) thru the Immigration Courts conduct proceedings, called Removal /Deportation Proceedings.
Removal /Deportation Proceedings:
(DHS) Department of Homeland Security initiates removal proceedings when it serves the individual with a charging document, called a Notice to Appear. If the individual is in deportation proceedings the individual is served with an order to show cause. Both a notice to appear or order to show cause indicate that the individual must appear before an Immigration Judge. Notices contain the alleged immigrants Law Violations, that same notice is filed with the Immigration Court where the individual will be scheduled to appear before an Immigration Judge. There may be one or multiple hearings,
depending on what happens in the case. The two parties in the hearing are the individual named in the Notice to Appear and Department of Homeland Security (DHS).
The Department of Homeland Security (DHS) attorney represents the government and seeks to prove that the individual should be removed from the United States. Removal and Deportation proceedings begin with a "master calender" hearing,where the Immigration Judge ensures the individual understands the alleged immigration law violations. The Judge also provides information on available free legal representation resources in the area. Then, generally, the Immigration Judge will schedule an "individual" hearing, where both parties present the merits of the case to the Immigration Judge.
The outcome of many deportation/removal proceedings depends on whether the individual is eligible for relief from removal. In order to determine what relief you may or may not be eligible for Contact John A.Nicelli an experienced attorney who will guide you and discuss the possible remedies available to you. John A.Nicelli has represented thousands of individuals over the last (28) years with numerous immigration problems. Some clients have had far more complex problems than others, however in all cases you must have a strategy to win. Read some of the stories of clients John A.Nicelli has represented. You too can be assured of representation from someone who has always been a defender of immigrants.
FOR RELATED INFORMATION PLEASE CLICK HERE: STOPPED ON A BUS OR TRAIN
To schedule a consultation, Please click here: CONTACT US
Fill out the form and call us. (212) 227-8020
Types of relief an Immigration Judge can grant when you are in Deportation or Removal
proceedings:
Asylum Registry
212C Waivers Fraud Waivers
Release on Bond Hardship Waivers
Voluntary Departure Adjustment of Status
Withholding of Removal Withholding of Deportation
Cancellation of Removal Suspension of Deportation
Termination of Proceedings Convention against Torture Relief
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John A.Nicelli
225 - Broadway Suite 1040
New York, N.Y. 10007 .
Our office is conveniently located in Downtown New York (Financial District) in close proximity to 10 major subway lines, Path Train, Staten Island Ferry, and the Holland Tunnel. CLICK HERE:DIRECTIONS
225 - Broadway Suite 1040
New York, N.Y. 10007 .
Our office is conveniently located in Downtown New York (Financial District) in close proximity to 10 major subway lines, Path Train, Staten Island Ferry, and the Holland Tunnel. CLICK HERE:DIRECTIONS
Protect Yourself and Your Family:
Get Immigration Help from a Licensed Professional:
John A.Nicelli Esq.
Get Immigration Help from a Licensed Professional:
John A.Nicelli Esq.
