Arrest of the Paleteros by Frank Romero
As the designated criminal defense and immigration attorney for the Mexican Consulate of Los Angeles, Santa Ana, and Oxnard, attorney Andres Bustamante has a profound understanding of the challenges immigrants face.
At the Law Offices of Andres Bustamante, our goal is to help you navigate through the overwhelming immigration system and achieve successful results. Andres Bustamante has been a zealous advocate within the immigrant community and a respected and trusted attorney within the legal community for over 25 years. Whether it is deportation defense, visa processing, or assistance with applying for citizenship, you can count on our firm to provide the most competent and reliable representation. Professional, compassionate, and knowledgable in all areas of immigration law, our office is keen on providing each client the advocacy and personal attention they deserve.
Do not risk your permanent resident card and be separated from your family. Call and consult an attorney with experience in criminal and immigration cases.
IMMIGRATION CASE PROCESS
The Executive Office for Immigration Review (Immigration Court) is an office of the United States Department of Justice whose principal function is to conduct removal (deportation) proceedings.
It is important to know what options are available to you before appearing in front of an Immigration Judge. That is why it is crucial to be represented by a qualified immigration attorney. If you try to go it alone, you could be waiving your Constitutional rights to prevent your removal, which would result in being separated from your family and love ones.
Removal proceedings in Immigration Court are initiated by the government with service of the Notice to Appear. This document orders the alien to appear in court, provides notice of the proceedings, the alleged immigration law violations and the consequences of failing to appear at scheduled hearings.
During proceedings, the Department of Homeland Security (DHS) attorney represents the government and will try show why the alien should be removed from the United States.
Even if the immigration judge finds that the alien is removable, an alien may be eligible for various forms of relief from removal. This is where having an experienced immigration attorney becomes crucial to preventing you from being deported.
Relief From Removal
If the judge determines that an individual is either deportable or inadmissible, the individual may apply for relief.
Some examples of these forms of relief include:
· Cancellation of Removal for Lawful Permanent Residence (LPR’s)
· Former §212(c) Relief for LPR’s
· Cancellation of Removal for Non LPR’s
· Waiver of Inadmissibility for Moral Turpitude Crimes, prostitution, possession of 30 grams of marijuana
· Adjustment of Status
· Special Immigrant Juvenile
· T- Visa
· U- Visa
· Voluntary Departure and others.
Deportation/Removal cases decided by Immigration Judges can be appealed to the Board of Immigration Appeals and from there, certain cases may be appealed to the Ninth Circuit Court of Appeals.
BOARD OF IMMIGRATION APPEALS (BIA)
If you disagree with the Immigration Judge’s decision, you may file an appeal to the Board of Immigration Appeals (BIA). The BIA is an administrative appellate court that is part of the Department of Justice. BIA decisions are the final administrative action in a removal proceeding.
Unlike Immigration Court, the BIA does not hold courtroom proceedings, but instead conducts a “paper review” of cases.
When appealing, if you are asking the BIA to review the Immigration Judge’s findings of fact, then the standard of review to be used is “Clearly Erroneous.” This is a high standard to meet, since the decision will not be overturned unless it was so clearly wrong that is has to be overturned. If, on the other hand, you are asking the BIA to review the Immigration Judge’s conclusions then the standard of review is “De Novo,” which means that the BIA can look at the case with fresh eyes.
For example, in a recent case, the Law Office of Andres Bustamante was successful in reversing the Immigration Judge’s determination that our client was convicted of an aggravated felony and therefore removable. In this particular case, our client was convicted of violating California Penal Code §350(a)(2), Counterfeit of a Registered Trademark. Based on a recently decided case, we were able to convince the BIA to remand the case to the Immigration Court, which then decided that our client’s conviction was not an aggravated felony.
Having a zealous advocate on your side to help you navigate the complex landscape of a BIA appeal is crucial to successfully appealing your case.
NINTH CIRCUIT COURT OF APPEALS
If your relief application has been denied or you have been ordered deported by an Immigration Judge and the BIA, you have the option to appeal that decision to the Ninth Circuit Court of Appeals. If you find yourself in this situation, you only have 30 days from the date of your decision to file an appeal with the Ninth Circuit after the BIA has rendered its decision, so you must act quickly.
It is important to keep in mind that Ninth Circuit judges have the power to determine whether or not your are deportable after you have gone through Immigration Court and the BIA. Included in this power is the authority to grant a “stay of deportation” while your case is pending in the Ninth Circuit. This “stay” will let you remain in the United States with your family and you will be able to continue to work if you are authorized to do so.
If your case reaches the Ninth Circuit, the legal issues to be decided can become quite complex and require the utmost skill and experience to successfully win at this level. For example, after having been found removable by an Immigration Judge and the Board of Immigration Appeals, the Ninth Circuit found that our client was not removable/deportable for his conviction for false imprisonment. Turijan v. Holder, 744 F.3d 617 (9th Cir. 2014).
The Law Offices of Andres Bustamante offer unparalleled experience and knowledge and can help you navigate the nuances of a Ninth Circuit case.