Deportation and Removal

U.S. Deportation and Removal Proceedings

Although the deportation and removal process is similar to a criminal trial, it is not considered a criminal proceeding. However, Immigration Court rules can be very strict. Hearings cannot be missed and the judge’s directions must be followed to the letter. For this reason, it is extremely important that individuals in removal proceedings have effective representation.

The right to an attorney is one of the most important rights given to individuals in removal proceedings. However, the U.S. government is not required to provide an attorney free of charge.

Marc Van Der Hout, a founding partner of Van Der Hout, Brigagliano & Nightingale, is a nationally-recognized authority on this topic and, along with Zachary Nightingale, has won several precedent-setting cases involving defending immigrants in deportation and removal proceedings. In other words—our firm can and has handled extremely complex deportation cases with success and we advocate vigorously in our representation.

Immigration Consequences of Criminal Convictions

The Immigration and Nationality Act imposes harsh sanctions on non-citizens in the United States who violate the law. Because this area of immigration law is subject to change rapidly through congressional amendments, DHS action, and court decisions, it is especially important to consult an immigration lawyer before accepting any plea agreement or having contact with DHS after a conviction is sustained. Attorneys at Van Der Hout, Brigagliano, & Nightingale regularly consult with, and are consulted by, criminal defense attorneys. We are available for advice if the criminal defense attorney is not familiar with immigration law, or just wants to confirm his or her opinion with an expert in the field.

Waivers

Waivers provide individuals with the ability to avoid the harsh consequences of certain immigration violations. Such relief includes, but is not limited to, the possibility of remaining in the United States despite being subject to grounds for removal and the ability to obtain legal status for those who are otherwise inadmissible or ineligible to enter the United States. Because there are numerous waivers available and because the eligibility requirements for waivers are highly fact specific, it is necessary to discuss the facts of any given case with an immigration lawyer to determine which waivers may apply.

Contacting Our Bay Area Law Offices

If you are currently in custody or are otherwise awaiting deportation and removal hearings, you MUST have an effective attorney. We can act immediately on your behalf. Call or contact us directly at our San Francisco, California, law offices.

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