Cincinnati Ohio Deportation and Removal Defense Attorney
This Is Nothing Like What You See On T.V.!
You or someone you love has been ordered to appear in immigration court, or worse yet, has been arrested and immigration is keeping them in jail until they are deported. Now is the time to find out what the options are. Yes there are options.
First, if you or someone you love is in jail, we need to move the court to release you. Your ability to fight the removal/deportation is much greater if you are not in jail. In order to be released, a non-citizen “must demonstrate to the satisfaction of the officer that such release would not pose a danger to property or persons, and that the alien is likely to appear for any future proceeding”. The factors commonly considered in making the determination to release and/or set bond include:
1) Local family ties;
2) Prior arrests, convictions, appearances at hearings;
3) Membership in community organization;
4) Manner of entry and length of time in the United States;
5) Immoral acts or participation in subversive activities;
6) Financial ability to post bond.
Burden of Proof on Removal (Deportation) Charge
For Arriving Aliens
The Department of Homeland Security must prove by clear and convincing evidence that the respondent is an arriving alien. Whether an alien is an “applicant for admission” is answered by reference to the definition at section 101(a)(13). If the Department of Homeland Security proves that the respondent is an arriving alien, the respondent must prove that he/she is clearly and beyond a doubt entitled to be admitted and is not inadmissible under section 212 of the Immigration and Nationality Act. Section 240(c)(2)(A). 8 C.F.R. 1240.8(b).
For Aliens Present without Admission or Parole
The Department of Homeland Security must prove by clear and convincing evidence that the respondent is an alien. Once alienage has been established, the respondent must prove by clear and convincing evidence that he/she is lawfully present in the United States pursuant to a prior admission. Section 240(c)(2)(B). 8 C.F.R. 1240.8(c). To meet this requirement, the alien must generally prove the time, place, date, and manner of his/her entry into the United States.
For Admitted Aliens
The Department of Homeland Security must prove by clear and convincing evidence that the respondent is subject to removal as charged. No decision on deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence. Section 240(c)(3)(A).
Types Of Relief You May Be Eligible For:
- Adjustment of Status
- Asylum/Withholding under Torture Convention
- Cancellation for Lawful Permanent Residents
- Cancellation for Non-Lawful Permanent Residents
- Pre-Conclusion Voluntary Departure
- Post Conclusion Voluntary Departure
- Rescission of Adjustment of Status and Removal Proceedings
- Suspension of Deportation
What To Bring To Our First Meeting
Time is of the essence with initially dealing with the immigration court. To best understand your charges and what your options are, we will need to see:
- The Notice to Appear
- Any previously filed immigration papers
- Passport & identity documents
- Marriage certificate
- Birth certificates for children
- Information about any problems with the law or immigration
What Is On The Videos
The 45-minute video offers information that shows men and women in immigration detention how to navigate the court system and what to expect as they await their day in court. Through a series of short videos with actors re-enacting typical scenarios, the videos give a good overview of the immigration court process. The videos are available in English, Spanish and French.
Contact Us Right Away!
If you or a loved one is in immigration court, it is important that you speak to an immigration attorney right away. The government will not appoint an attorney for you! Please call my office at 513-791-1673 or use the link to the right to schedule your appointment online.
[ez_box title=”About Mr. Geygan” color=”blue”]
Thomas J. Geygan, Jr. is admitted to practice in all Ohio courts, the United States Court of Appeals for the Sixth Circuit, United States District Court for the Southern District of Ohio, and all immigration courts. Mr. Geygan’s primary area of practice has been immigration for more than 16 years. If you are in immigration court you need an attorney to explain what your rights and chances are. You need straight answers to difficult questions. Please call Mr. Geygan to get those answers. He has helped many other people, see if he can help you.[/ez_box]