Daniel M.Pell: Immigration & State and Federal Trial Practice.
Mr. Pell has handled civil litigation in Federal Court fo rmany years. In Immigration Cases, individuals may file suit against the government to force it to issue their green cards where there have been long delays in issuance of the cards, and all steps have been completed for the issuance of the card, including the interview, except that, for example, security checks have not been completed.
In other cases, a federal lawsuit, known as habeas corpus can be filed to gain release for individuals who are being detained by the US government. Each case is different and requires specific advice, because Federal Court cases are quite complex.
AppealsYou can appeal to the Board of Immigration Appeals (BIA). This is an appeal within the Departments of Justice and carries with it an automatic stay of removal. Appeals after that are to federal court, either in the court of appeals or in the district court, depending upon the kind of case. A stay of removal in these cases is not automatic and must be applied for with the court.
Individuals who are non-citizens can be arrested by the Department of Homeland Security(DHS), Bureau of Immigration and Customs Enforcment(USICE), for a variety of reasons, including their lack of proper documentation to establish their right to legally remain in the United States, or because they are working without proper authority from the government, or perhaps because even though they have lawful permanent residence(LPR) status in the United States, have been convicted of certain crimes which may cause them to be deported back to their home country, or if they have no home country(are stateless) to be detained for long periods of time in government custody. In each such case, the reason for their detention must be carefully analyzed, and straightforward advice given as to whether they can expect to remain in the United States, and if not, what options they may have(for example, Voluntary Departure which has distinct advantages over being ordered deported). Some persons who are detained may be eligible for release on bond, and others may not. Some individuals may be eligible for release on parole, others may not. Bond may be granted in certain cases by an Immigration Judge. In other case, bond may not be granted, but the person may be granted a parole(conditional release) through the Deportation and Detention Officer, his or her supervisor and the District Director of Field Operations. In almost every detained case, it is extremely important to have the skilled assistance of an attorney.
- State and Federal Trial Practice
2550 Kingston Rd #305
East York, PA 17402
- (717) 843-7801
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- Visas, Naturalization, Green Card
Practice limited to Immigration Law
3019 Brighton 1st street
Brooklyn, NY, 11235
- (718) 701-8333
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