Deportation Defense

Attorney Daniel M. Pell has 24 years of defending non- citizens against Deportation proceedings brought against them by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement(USICE or ICE).

There are many different scenarios in which Deportation Proceedings are brought against a non-citizen by USICE. Sometimes, visa holders go out of status; sometimes lawful permanent residents(“green card holders”) commit crimes, even crimes that were committed in the distant past. Sometimes, removal proceedings are commenced by ICE against individuals who are seeking protection from the United States from persecution in their home country or country of last residence. In each of these scenarios, and more, Attorney Daniel M. Pell, assists individuals to defend against the removal USICE seeks to implement.

Deportation proceedings are commenced in most cases by a Notice to Appear, which is prepared after interview of the non-citizen by an ICE Officer. That Officer files the Notice to Appear(NTA) with the Immigration Court Clerk have jurisdiction over the place where the non-citizen is being held by ICE, or if the non-citizen has been released, the Immigration Court Clerk where that person resides.

The non-citizen then receives a written notice of the time, date, and place of the first hearing, called a Master Calendar Hearing. At this Master Calendar Hearing(MCH), the non-citizen will plead to the allegations/statements set forth in the Notice to Appear, and set forth any legal defenses which the non-citizen may have, including adjustment of status based on a marriage to a US citizen, with a waiver(usually a waiver under Section 212(h) of the Immigration & Nationality Act, Cancellation of Removal for a Lawful Permanent Resident, Cancellation of Removal for a Non-Lawful Permanent Resident, a Motion To Dismiss based upon the failure of the government to prove a violation of the Immigration & Nationality Act, and where applicable, Asylum, Withholding of Removal under the Immigration & Nationality Act, Withholding of Removal under the United Nations Convention Against Torture, and Deferral of Removal under the United Nations Convention Against Torture.