Removal Defense

An individual may be placed in removal proceedings if he or she is either removable or inadmissible. See, INA 212 and INA 237. The commencement of removal proceedings begins with the filing and service of a Notice to Appear ("NTA"). An individual may come into contact with Immigration and Customs Enforcement ("ICE") as a result of an attempted entry, a denial of benefits by US Citizenship and Immigration Services ("USCIS"), or an arrest. In removal proceedings, an individual can either contest the reason that proceedings were initiated and file for termination of proceedings, or alternatively, file for relief from removal. Relief from removal may include applications such as:

  • Asylum, Withholding of Removal, protection pursuant to the Convention Against Torture (see Refugees and Asylees subsection for more information)

  • Cancellation of Removal pursuant to INA 240A(a) and 240A(b)

  • Waivers, and

  • Adjustment of Status

  • Special Immigrant Juvenile Status

...among other requests. Tedesco Legal, P.C. represents individuals in any of these situations.

In the event that the individual is detained, it is first important to determine if he or she is eligible to request a bond, or custody redetermination pursuant to INA 236. An individual may be held in "mandatory detention" if he or she is an arriving alien, has been convicted of certain criminal offenses, or is involved in terrorism. See, INA 236(c). Requesting custody redetermination involves a fact-specific investigation by the Immigration Judge to determine whether the individual is either a flight risk or a danger to the community. It is critically important that an individual present a complete package of evidence at the initial request for custody redetermination, because absent a change in circumstances, bond can only be requested one time.

Strategies in removal proceedings are ever-changing, based on evolving case law and policy decisions set by each administration, and an experienced immigration attorney can advise how to best navigate these changes.

Additionally, Attorney Mary Lynn Tedesco is experienced and has achieved success in appellate matters before the Board of Immigration Appeals ("BIA"). If your case requires an appeal, it is important to remember that there is typically a deadline of 30 days that applies, and it is important that you act quickly following receipt of a decision.

Every legal matter is different. It is crucial to consult with a qualified immigration attorney, like Mary Lynn Tedesco at Tedesco Legal, P.C., if you or your loved one is placed in removal proceedings to determine eligibility for relief and devise the optimal strategy to ensure the best possible outcome.