Removal and Deportation Defense

Atlanta Removal and Deportation Defense Lawyer – The Immigration and Nationality Act

Dedicated to winning the toughest immigration cases. Whether your face deportation due to a crime, entering the United States without permission or remaining in the country after your visa expires – The Belline Law Firm can help. If you have been ordered removed and seek to appeal your order, we can help.

The Belline Law Firm, LLC has extensive experience in deportation defense law. Attorney Marguerite K. Belline became the principal of the firm after the founder, Peter R, Hill, semi-retired after twenty-eight years of experience. Ms. Belline is an Atlanta deportation defense attorney who has been practicing immigration law for thirteen years and is a member of the national and Georgia-Alabama chapter of the American Immigration Lawyers Association. At The Belline Law Firm, LLC we understand what is at stake for those who face deportation. Our logo, “Seguimos en la Lucha / We Continue in the Fight” expresses our philosophy that we will not stop fighting for our clients’ rights where justice can be served.

Immigration Bonds and ICE “holds”

At the Belline Law Firm, we have extensive experience in requesting bonds for clients in ICE custody. Not everyone is eligible for bond, but many are. In determining whether a non-citizen detainee is eligible for a bond, or the bond amount, the Immigration Judge considers whether the detainee will pose a “danger to society,” the risk that the detainee will flee upon release, and whether the detainee is eligible for any immigration benefit before the immigration court. If you have been denied a bond, you have the right to timely appeal the immigration judge’s decision.

Receiving a Notice to Appear (NTA)

The Notice to Appear orders you to appear before the Immigration Court and tells you why (the factual allegations) the United States Department of Homeland Security (DHS) is seeking your deportation or removal under the U.S. Immigration and Nationality Act (the charge or removability). Under the Immigration and Nationality Act, there are many possible reasons including, but not limited to:

• Illegal entry into the United States
• Fraud
• Criminal convictions
• Remaining in the U.S. after your visa Expires
• And more

Applications for relief before the Immigration Court are time sensitive. If you receive a NTA, contact our office today to discuss your case.

The Initial Appearance – The First Master Calendar Hearing

The Notice to Appear orders you to appear before the Immigration Court at a certain date and time to answer the allegations and charges against you.This hearing is called a “master calendar hearing.” There will be other non-citizens present who have also been summoned to attend the same. The judge will call each case at which time a very brief hearing occurs.

DO NOT MISS COURT BECAUSE YOU ARE AFRAID. FAILURE TO APPEAR WILL RESULT IN YOUR DEPORTATION “in absentia”. If you do not appear in court as ordered, the judge has the power to order your removal simply because you did not show up. It is also possible that the date for your appearance can change, sometimes to a sooner date. Always make sure to maintain your current mailing address with the Immigration Court to avoid missing any important notices.

You have the right to an attorney in removal & deportation proceedings, but you do not have the right to a government-paid attorney. It is very important that you exercise your right to an attorney. Not only are court proceedings confusing, but you may say or do something that makes a later defense nearly impossible. If possible, always contact an attorney to discuss your case prior to your Master Calendar Hearing. If you do not have an attorney, and you are appearing for your first Master Calendar Hearing, you may request that the judge give you time to hire an attorney.

The Merits or Individual Hearing

The Merits or Individual Hearing is essentially the trial in your immigration court case. Both you and the government will have the opportunity to call witnesses and produce evidence. There are multiple defenses and legal frameworks at play. Having an experienced immigration lawyer defend you can be the difference between staying in the U.S. and deportation.

If You have been Ordered Removed – Order of Removal/Deportation Appeal to the Board of Immigration Appeals

You have the right to appeal the Immigration Judge’s decision to the Board of Immigration Appeals (BIA). A timely appeal of your removal order may stay your removal until the BIA rules on your case.

Application for Stay of Deportation or Removal with ICE

If you have been ordered removed, you may formally request that ICE stay your removal for a set period of time. There is no guarantee that the stay will be successful; it is completely within the discretionary power of ICE to grant or deny the stay. However, if successful, you may be granted a stay of removal for up to one year and apply to renew the stay on a yearly basis by showing your continued eligibility for the stay.

Appeal to the 11th Circuit Court of Appeals

If you were ordered removed in Georgia, Florida or Alabama, and the BIA denied your appeal, you may be able to appeal your case to the 11th Circuit Court of Appeals. You can also petition the 11th Circuit to issue a Stay of Removal, ordering the Government to not remove the noncitizen from the United States.

Petition for Habeas Corpus – Fighting Prolonged Detention

The Fifth Amendment of the U.S. Constitution forbids the Government to deprive any person of liberty without due process of law. A “presumed” constitutional “removal period” after a non-citizen has been ordered removed is 90 days. If the non-citizen remains detained for six months after the removal period has ended, he/she may be able to file a successful claim for habeas corpus if there is evidence to show that there is no significant likelihood of removal in the reasonably foreseeable future.

If you or a loved one are detained by ICE or under a ICE “hold, facing a removal proceeding, the subject of a final order of removal, contact an experienced Atlanta deportation defense attorney at The Belline Law Firm, LLC to see how we can help.