Removal proceedings begin upon the issuance of a document called a “Notice to Appear.” It may be served on the alien (called “Respondent”) either by personal delivery or by mail. The Notice to Appear contains allegations against the Respondent and lists the law under which he or she may be removed from the United States.
Respondents have the right to representation in removal proceedings at their own expense. Before going to court, it is important to review the Notice to Appear with an attorney to discuss what options and strategies may be available. A respondent may want to deny the charges on the Notice to Appear if he or she believes that the government cannot prove its case. Even if removability is established, the Respondent may still be eligible for relief from removal. Common forms of relief include Cancellation of Removal, Asylum, and Adjustment of Status.
John Shine has been representing clients in removal proceedings since 2005. He has extensive knowledge of the law and procedures. He has been successful in dismissing cases against his clients where the government could not sustain its charges, and he has successfully represented clients applying for relief from removal, including Cancellation of Removal (for permanent residents and non-permanent residents), asylum, adjustment of status with and without waivers, and relief under 237(a)(1)(H).