Removal Proceedings, formerly known as Deportation Proceedings, are initiated by USICE against foreign nationals who are found to be in violation of their status, out of status, or whose applications for status have been denied by USCIS. Removal Proceedings are conducted in U.S. Immigration Courts and presided over by U.S. Immigration Judges. If a foreign national is found to be ineligible to remain in the United States, he or she is removed (deported) to his or her home country. Due to the grave nature of these proceedings, it is imperative to have an experienced and knowledgeable attorney representing you or your family members to maximize the chances of success.
A foreign national can be discovered to be out of status if he or she submits an application to USCIS for which he or she is not eligible, is arrested or convicted of a crime in State or Federal Court, is discovered by USICE during an immigration raid on a residence or place of employment, or is otherwise discovered by local, State, or Federal authorities working in conjunction with USICE. A foreign national can be determined to be in violation of status if he or she is arrested or convicted of certain crimes, has overstayed his or her visa, or has violated specific terms of his or her visa. A foreign national may or may not be detained during the duration of, prior to, or following these proceedings.
Ms. Mody has a wide breadth of experience in the defense of foreign nationals in Removal Proceedings. She has successfully litigated cases for foreign nationals of various countries by utilizing various available waivers and defenses. Moreover, she maintains a respectful professional rapport with USICE Trial Attorneys and U.S. Immigration Judges. Ms. Mody's success is dependent upon diligent efforts including constant consultation with the client and his or her family, visitation with an incarcerated client in the detention facility if detained, preparation of all evidence and documentation necessary for the available waiver and/or defense to the court, consant communication with the court and Trial Attorney for USICE, attendance at all hearings, interviewing witnesses and experts on behalf of client, and zealous advocacy of a client's right to remain in the United States. Please contact our office for further information regarding Removal Defense.