2009 All Rights Reserved (c)
Powered by www.patersoncityportal.com
Azar A. Menhaji
Abogada
Email:
azar@immigration2usa.net
Family Law
Home
Immigration Law
Forms
Resources
Call us for a free initial Consultation
(973) 523-3336
(973) 333-5575
Family Law
Immigration Law
Hours of Operation:
Monday - Friday
10:00AM - 6:00PM
One Montclair Ave.
Paterson, NJ 07503
Tel: (973) 523-3336
(973) 333-5575
Fax: (973) 523-3337
Working hard for the best
possible outcome!
Hablamos
Español
Our Staff works hts, your freedom and the best interest
Our staff works vigorously for your rights, your freedom and the best interest
for you and your loved ones. We try hard to listen to your concerns, and to
your needs.
We put forth our many years of experience in both, life and professionally,
and respond to your queries with respect and compassion. Our advice will
always be honest and with your best interest at heart.
Our staff is friendly, empathetic and supportive.
Feel Free to call us anytime for a FREE consultation.
Immigration
News
Form Description
N-4
Monthly Report Naturalization Papers
N-300
Application to File Declaration of Intention
N-336
Request for a Hearing on a Decision
Naturalization
Proceedings Under Section 336 of the Act
N-400
Application for Naturalization
N-426
Request for Certification of Military or Naval
Service
N-470
Application to Preserve Residence for
Naturalization Purposes
N-565
Application for Replacement of
Naturalization/Citizenship Document
N-600
Application for Certificate of Citizenship
N-600K
Application for Citizenship and Issuance of
Certificate under Section 322
N-644
Application for Posthumous Citizenship
N-648
Medical Certification for Disability Exceptions
Divorce
Spousal Support
Property Division
Domestic Violance
Child Support
Divorce Information
Family Law Information
Child Custody
Deportation & Removal
The formal removal of an alien from the United States when the alien has been found
removable for violating the immigration laws. Deportation is ordered by an
immigration judge without any punishment being imposed or contemplated. Prior
to April 1997 deportation and exclusion were separate removal procedures. The
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated
these procedures. After April 1, 1997, aliens in and admitted to the United States
may be subject to removal based on deportability. Now called Removal, this
function is managed by U.S. Immigration and Customs Enforcement.
The Removal Process:
The Removal Process:
The Removal Process
Within the U.S. Department of Justice, more than 200 Immigration Judges located in 53 Immigration Courts nationwide conduct
proceedings and decide individual removal cases. Removal proceedings account for approximately 80 percent of Immigration Judges'
caseload. Federal rules of evidence are inapplicable in Immigration Court; thus, an Immigration Judge has greater authority to
consider most kinds of evidence in deciding a case. The types of proceedings an Immigration Judge may preside over are briefly
discussed below.
Note: This fact sheet summarizes the most common types of immigration court proceedings. These descriptions are not fully inclusive and do
not encompass the many regulatory and court interpretations that may have bearing on the following information. Also, the descriptions that
follow are subject to change since Congress may legislate new laws. Accordingly, the following summaries are intended only to assist the
public's general understanding of the types of immigration court proceedings.
Removal Hearings
Removal hearings are conducted to determine whether certain aliens are subject to removal from the country. The distinction between
exclusion and deportation proceedings has been eliminated, and aliens subject to removal from the United States are now all placed
in removal proceedings. Thus, the removal proceeding is now generally the sole procedure for determining whether an alien is
inadmissible, deportable, or eligible for relief from removal.
The Department of Homeland Security (DHS), which absorbed the functions of the Immigration and Naturalization Service (INS), is
responsible for commencing a removal proceeding. If the DHS alleges a violation of immigration laws, it has the discretion to "serve"
the alien with a charging document, known as a Notice to Appear. This document orders the individual to appear before an
Immigration Judge, and advises him or her of, among other things:
·
Nature of the proceedings against the individual;
·
Individual's alleged acts that violated the law;
·
Individual's right to an attorney; and
·
Consequences of failing to appear at scheduled hearings.
Removal proceedings generally require an Immigration Judge to make two findings: (1) a determination of the alien's removability
from the United States, and (2) whether the alien is eligible for a form of relief from removal.
Bond Redetermination Hearings
An Immigration Judge conducts a bond redetermination hearing for aliens who are in DHS detention. The alien makes a request to
the Immigration Judge to lower or eliminate the amount of the bond set by the DHS. These hearings are generally informal and are
not a part of the removal proceedings. This decision can be appealed (by either the alien or by DHS) to the Board of Immigration
Appeals (BIA).
Withholding-Only Hearing
An Immigration Judge conducts a withholding-only hearing to determine whether an alien who has been ordered removed is eligible
for withholding of removal under U.S. law or the U.N. Convention against Torture (CAT).
From the U.S. Department of Justice
