Immigration Litigation

Today’s Wall Street Journal discusses how more than half a million “immigrants currently living in the U.S. are individuals who failed to heed their deportation orders.”

However, thousands of immigrants who “failed to heed” had NO IDEA that they were ever ordered deported.

These people didn’t go to court because they DID NOT KNOW that a hearing had been scheduled.

How does this happen?

The Immigration Act allows the Immigration Court to order someone deported if he fails to go to his hearing.

Here is an example of a very recent case we won:

1. A woman from another country met a US citizen. They fell in love and got married.

2. The wife filed papers to get her green card.

3. While they waited to be interviewed by Immigration, the husband was transferred by his company to another state.

4. Before moving, the couple informed the Immigration Service that they were changing their address.

5. They received confirmation that Immigration KNEW they had relocated.

6. The green card interview (NOT A DEPORTATION HEARING) was mistakenly scheduled in the state where the couple had previously lived.

7. When they failed to show up for the interview, a notice for the wife to appear at a deportation hearing was also sent to their old address.

8. Of course, the woman didn’t know she had to go to court. So, she was ordered deported.

9. Immigration and Customs Enforcement located her and took her to a detention center to prepare to deport her.

10. The US citizen hired us to get his wife out of jail and stop her deportation. It took a few weeks, but we were successful.

The above case shows how people write to Immigration when they move, but the government can still mail the notice to the prior address.

AND IN THE MAJORITY OF THESE MATTERS IT CAN TAKE A LOT LONGER THAN A FEW WEEKS TO GET THE IMMIGRANT RELEASED if detention has occurred.

We have represented thousands of immigrants in deportation cases. Often, we have helped people who never received a letter from the Immigration Court.

FRANK & YORK IS DEDICATED to fighting for immigrants in deportation, detention and removal cases — as well as deportation appeals — all over the U.S.

IN MANY DEPORTATION APPEALS, WE DO NOT NEED TO MEET PERSONALLY WITH THE IMMIGRANT WHOSE CASE WE ARE HANDLING.

We can prepare written arguments after we review the lower court’s ruling.

An immigrant (or relative) may retain our service by mail. JUST MAKE SURE YOU KNOW OUR ADDRESS.

There are no time limits to try to reopen a deportation order with no proper notice.

In a 2007 decision, the Third Circuit Court of Appeals reversed a deportation order in which the immigrant never received a notice of hearing sent by regular mail.

In 2006, the same Court of Appeals held that the Immigration Court must notify an immigrant’s attorney about a hearing. Failure to give notice to the lawyer is a violation of due process.

Frequently, when notices are prepared, the day of the hearing is not even listed. Instead, the document states date and time are “to be set.” This creates a major problem in properly notifying an immigrant of a hearing.

“DeportationAppeal.com” will lead you to our website which includes a section about our reported cases.