How to Appeal a Deportation Order in New Jersey
Deportation is a devastating and often traumatic experience for individuals and families who face it. However, if you or a loved one has received a deportation order in New Jersey, it is essential to understand that there is still hope. You can appeal the deportation order and fight for the right to stay in the United States. In this blog post, we will walk you through the process of appealing a deportation order in New Jersey.
Step 1: Understand the Basis for Your Deportation Order
The first step in appealing a deportation order in New Jersey is to understand the reason for the deportation order. Typically, a deportation order is issued if you have violated immigration laws, overstayed your visa, or committed a criminal offense. You should understand the specific reason for your deportation order and gather evidence to support your case.
Step 2: File a Notice of Appeal
Once you have understood the reason for your deportation order, the next step is to file a notice of appeal with the Board of Immigration Appeals (BIA). You must file this notice within 30 days of the date on which the deportation order was issued. The notice of appeal must contain a brief explanation of why you believe the deportation order was wrongly issued.
Step 3: Gather Evidence to Support Your Appeal
After filing the notice of appeal, you should gather evidence to support your case. This evidence may include documents that show your ties to the United States, such as proof of employment or ownership of property. You should also gather evidence to demonstrate that you do not pose a risk to society, such as character references or evidence of rehabilitation.
Step 4: Attend a Hearing
After filing the notice of appeal and gathering evidence, you will attend a hearing before an immigration judge. During this hearing, you will present your case and arguments to the judge. It is crucial to be prepared and organized for the hearing and to have a qualified immigration attorney by your side to represent you.
Step 5: Wait for a Decision
After the hearing, you will have to wait for the immigration judge to make a decision on your appeal. If the immigration judge rules in your favor, you may be able to stay in the United States. If the immigration judge denies your appeal, you may have the option to appeal to the BIA or file a motion to reopen your case.
Criminal Charges and Deportation
When a non-citizen is charged with a crime in New Jersey, they may not fully realize how much is at stake. Even if the criminal offense is considered minor in state law, it may have significant implications under federal immigration law. Once a non-citizen is convicted of certain crimes, U.S. Immigration and Customs Enforcement (ICE) can initiate deportation proceedings. ICE prioritizes individuals who have been convicted of crimes, and once deportation proceedings begin, the path to staying in the country becomes more complicated.
It is also important to understand that criminal charges alone can cause immigration concerns. Even if a person is not convicted of a crime, being charged can lead to detention by ICE or increased scrutiny during routine immigration checks. A conviction, however, makes things far more serious, and non-citizens may become ineligible for relief from deportation, even if they had been in line for legal residency or citizenship.
Aggravated Felonies and Deportation Risks
One of the most significant categories of criminal charges that affect deportation is aggravated felonies. Under U.S. immigration law, certain crimes are classified as aggravated felonies, even though they may not be considered as serious under state law. Aggravated felonies are a broad category that includes violent crimes like murder and rape but also non-violent crimes such as fraud and theft involving more than $10,000. In some cases, crimes related to drug trafficking or possession with intent to distribute may also fall into this category.
For non-citizens convicted of an aggravated felony, deportation is almost inevitable. There is very little discretion given to immigration judges when someone is convicted of these offenses. Not only does a conviction of an aggravated felony make a non-citizen deportable, but it also bars them from many forms of relief from deportation. This includes the possibility of asylum or cancellation of removal, even if the individual has lived in the U.S. for many years or faces danger in their home country.
The aggravated felony label is particularly harsh because it leaves very few options for individuals to fight deportation. Even lawful permanent residents (green card holders) are not immune to deportation if they are convicted of an aggravated felony. For these individuals, fighting the criminal charges early with the help of a knowledgeable attorney may be their only option to avoid the consequences in immigration court.
In addition to the steps outlined above, there are a few additional things to keep in mind when appealing a deportation order in New Jersey:
Keep Track of Deadlines: As mentioned earlier, you must file your notice of appeal within 30 days of receiving the deportation order. Missing this deadline could result in your case being dismissed, so it is essential to keep track of all deadlines and respond promptly to any requests from the court or your attorney.
Be Honest and Transparent: It is crucial to be honest and transparent with your attorney and the court throughout the appeals process. If you have committed a criminal offense or violated immigration laws, you should disclose this information to your attorney and the court. Hiding or misrepresenting information can significantly harm your case and jeopardize your chances of success.
Explore All Possible Options: If your appeal is denied, there may still be other options available to you. For example, you may be able to file a motion to reopen your case, request a stay of removal, or apply for a waiver of inadmissibility. An experienced immigration attorney can help you explore all available options and determine the best course of action for your situation.
Appealing a deportation order in New Jersey can be a challenging and emotional process, but it is not impossible. By understanding the steps involved, gathering evidence to support your case, and working with an experienced immigration attorney, you can increase your chances of success and fight for your right to stay in the United States.
The Scheer Immigration Law Group is a team of experienced immigration attorneys who can provide invaluable assistance and guidance for those seeking to appeal a deportation order in New Jersey. Here are a few ways in which our firm can help:
Legal Expertise: Our attorneys have a deep understanding of immigration law and the appeals process. We can provide you with clear and concise explanations of the legal options available to you and help you make informed decisions about your case.
Case Analysis: We can analyze the specific facts of your case and determine the best course of action for your situation. We can identify any legal issues or weaknesses in your case and develop a strategy to overcome them.
Evidence Gathering: We can help you gather the evidence you need to support your appeals, such as documentation of your ties to the United States or evidence of rehabilitation. We can also help you obtain expert testimony or other evidence to support your case.
Hearing Representation: We can represent you at your hearing and present your case to the immigration judge. We can argue on your behalf and respond to any questions or concerns raised by the judge.
Appeals and Motions: If your appeal is denied, we can help you explore all available options, such as filing a motion to reopen your case or appealing to the Board of Immigration Appeals. We can continue to represent you throughout the appeals process and help you fight for your right to stay in the United States.
At The Scheer Immigration Law Group, we understand the importance of fighting for the rights of our clients. We are committed to providing compassionate and effective legal representation to those facing deportation in New Jersey. If you or a loved one is facing deportation, please do not hesitate to contact us to schedule a consultation.
