Removal & Detention

Removal is the expulsion of a non-citizen who has already been admitted to the United   States. In general, non-citizens may be removed because they were inadmissible at the time of entry, because they violated a condition of their status in the U.S., or because they have committed other prohibited acts. If you or a family member is currently undergoing removal proceedings it is very important that you are represented by a competent immigration attorney who can present a thorough and persuasive argument to the court as well as explore all your possible options such as a stay of a removal proceeding. If you would like to learn more about how we can help you in challenging deportation, then contact our Edison office at (732) 450-8300 to schedule a free consultation with one of our immigration lawyers.

Detention & Deportation of Certain Immigrants

The Immigration and Nationality Act lists six major categories for persons subject to deportation. These categories cover non-citizens who (1) were inadmissible at time of entry or adjustment of status or have violated status, (2) have committed certain criminal offenses, (3) have failed to register or have falsified documents, (4) have engaged in terrorism or otherwise threatened national security or U.S. foreign policy, (5) have become a public charge or (6) unlawfully voted. It is very important to note that INA frequently applies retroactively and ICE may remove non-citizens for conduct which was not a ground for removal at the time they committed act. This especially applicable to immigrants who plead guilty to an “aggravated felony” before the early 2000’s when the definition of these crimes became substantially more inclusive. In these circumstances, as well as when an immigrant had entered a guilty plea to a criminal offense without being properly advised that it could result in deportation, individuals may be able to seek relief through a motion for Post-Conviction Relief.

New Jersey Immigration Removal Proceedings

In theory at least, removal and deportation is not a criminal punishment, but is a civil proceeding designed primarily to rid the United States of undesirables. The courts have long recognized the plenary power of Congress to expel and remove non-citizens. The logic behind it is that Congress allows non-citizens to enter the United   States in the first place as a privilege with limited permission and if you violate their rules they can terminate hospitality at any time. Even though the courts do not consider removal a criminal punishment, they recognize that it is a severe penalty. Most non-citizens have voluntarily chosen to come to the United States and deportation force you to leave your home, job, friends, and in some cases – your family. In fact, the court the has gone so far to say that removal may result “in loss of both property and life; or all that makes life worth living.” Ng Fung Ho v. White, 259 U.S. 276 (1922). Furthermore, after being removed, you are barred from re-entering the United States for a minimum of ten (10) years unless you obtain special permission. Moreover, removal of a non-citizen will often result in the “de facto” removal of the individual’s U.S. citizen children. The Third Circuit rejected the claim that removal denies a non-citizen’s children the right, as U.S. citizens, to continue to reside in the United   States. The court reasoned that removal of a child’s parents will merely postpone, but not bar, the child’s residence in the United States, if he/she should later choose to live in this country. Furthermore, the court has also held that Congress did not intend to give such children the ability to confer immigration benefits to their parents. Acosta v. Gaffney, 558 F.2d 1153 (3d Cir.1977). If you or a family member may be facing deportation or removal proceedings, contact our office at (732) 450-8300 for a free consultation with an immigration attorney who can explain your options and how we can help you.

More Information for Immigration Removal