A removal proceeding is the legal process the government uses to deport people from the United States.  A person whom the government wishes to deport is entitled to a hearing before an immigration judge, with certain limited exceptions.  The immigration judge determines whether the person can be removed under the law, and can hear various applications in defense of removal.

If you are placed in removal proceedings, you should immediately hire an attorney experienced in immigration law.  You may have a real chance of sucess, but only if you fully understand your rights.

If you are detained by the Department of Homeland Security, you should request a hearing before an immigration judge as soon as possible.  If the immigration officer refuses to release you through payment of a bond, or sets a bond that is too high for you to pay, you may request that an immigration judge set a reasonable bond.

There are several applications commonly used as defenses against removal.  For example, an undocumented immigrant may be able to "cancel" his removal if it would cause exceptional hardship to his relatives who have legal status.  A permanent resident may be able to cancel his removal for crimes.

Persons in removal proceedings may apply for asylum and withholding of removal based on any fear of returning to the country of their nationality.

Applicants for permanent residency based on family relationships, and a variety of other applications, can also be heard by the immigration judge before ordering removal from the United States.

In some instances, work authorization is available during the time it takes to resolve an application for relief from removal.

We represent immigrants who are appealing negative decisions, both before the Board of Immigration Appeals and the U.S. Court of Appeals for the Ninth Circuit.

An appeal is a request that a higher court review the decision of a lower court.  In removal proceedings, a negative decision by an immigration judge can be appealed to the Board of Immigration Appeals.  An immigrant may appeal a negative decision by the Board to the appropriate U.S. Court of Appeals.  For California and most of the western United States, the U.S. Court of Appeals for the Ninth Circuit hears these appeals.

During an appeal, there is no requirement that an immigrant appear to give testimony.  An appeal is a review of the written record that has already been created, not an additional hearing before a judge.  In a very small number of cases, the attorneys in the case may appear to make arguments before a panel of judges, to assist them in deciding the case.

We represent immigrants who are sponsored for permanent residence by a family member by assisting in immigrant visa petitions and adjustment of status.  If you wish to apply for a green card based on a family relationship, we can help.

U.S. citizens and permanent residents may petition the government to allow relatives to immigrate to the U.S.  An immigrant who is already in the United States may then be able to apply for permanent residence through a process called "adjustment of status."  Our firm has represented countless family-based immigrants before the U.S. Citizenship & Immigration Services in San Francisco, San Jose, and Sacramento.

Our service includes a complete case review to identify potential problems arising out of past immigration violations or crimes.  It also includes preparation of all necessary applications, assistance in obtaining supporting evidence, translation of basic documents (Spanish and Portuguese), a mock interview conducted by one of our attorneys, representation by an attorney during the USCIS interview, and assistance in any request for further evidence until a decision in your case.

In the event a waiver is required as a result of past crimes or immigration violations, we can assist you for an additional fee.

Law Office of Robert L. Lewis
Immigrant Defense Group
409 13th Street, 16th Floor
Oakland, CA  94612
T: (510) 834-1288 / F: (510) 834-0431
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