General Information about Deportation Attorneys
When an immigrant facing deportation attempts to stop a deportation order, a deportation attorney can assist in initiating the process of trying to postpone the deportation. Attorneys who specialize in deportation and immigration fight hard to make sure their clients are kept, temporarily at least, in the United States. Winning an appeal is an incredibly difficult task for deportation attorneys to achieve. It goes without saying that good communication is important between lawyer and client. In an actual deportation hearing, an attorney may help present evidence, interact with witnesses and speak on behalf of a client.
If the deportation attorney is able to receive a postponement of final removal for his or her client, it is called a stay of deportation or stay of removal. A stay refers to a temporary stopping of an action.
Since different government agencies are in charge of overseeing different immigration processes, including the Executive Office for Immigration Review, the Board of Immigration Appeals and the Federal Circuit Court system, each separate agency will handle deportation attorneys' requests for a stay differently. Typically, immigrants will not be removed or deported during the time period given for any appeal to be filed.
It is crucial that the deportation attorney file a motion to reopen an immigrant's case in a timely manner with an immigration judge, the Board of Immigration Appeals, or the Department of Homeland Security. A motion refers to an attorney's request to the court or the judge who is hearing the case. It is common for a deportation attorney to file a motion to stay removal or deportation during the period of time in which the motion to reopen is pending prior to the conclusion the trial. The court has the option to grant or deny a deportation attorneys' requests. As such, filing the motion to reopen is no guarantee that the deportation will be postponed.
There many questions that an immigrant facing deportation should ask his or her deportation attorney to see if they are well qualified for their case. An individual should find out how many deportation cases that the particular deportation attorney has handled. Finding out the similarities in the previous cases handled may instill confidence in the client. Then again, it also may result in them seeking a new deportation attorney if necessary.
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