REMOVAL DEFENSE

Our immigration attorneys have experience defending the immigrant community against removal from the United States. If you or a loved one is in removal proceedings, or perhaps already received a removal order, do not hesitate to contact us. Portner & Shure has a long history of success in removal defense.

We will assess your situation with the greatest detail and attention, emphasizing the best strategy for success in your case. We will present your options and alternatives. We have extensive experience in the following cases:

1. Defensive Asylum and Protection under the Torture Convention.
2. Cancellation of Removal for Permanent Residents and Non-residents.
3. Motions to Dismiss or Terminate Removal Proceedings.
4. Motions to Reopen Removal Orders.
5. Requests for Prosecutorial Discretion with the ICE Prosecutor's Office.
6. Detention and Bail Hearings.
7. Appeals to Removal Orders.

The most terrifying experience for an immigrant and his or her family is facing forced removal from the United States. Your legal team requires experience, aggressiveness, and effectiveness. Portner & Shure will be your best ally.

1. DEFENSIVE ASYLUM AND PROTECTION UNDER THE TORTURE CONVENTION.

Our asylum lawyers have extensive experience defending terrible cases of persecution and torture around the world. If a person has fled their country of origin and nationality due to persecution due to their religion, ethnicity, race, nationality, political beliefs, or minority membership, United States asylum law can and should protect them.

For asylum status to be granted, it is essential that evidence be presented. Our asylum lawyers will study your case from the evidence and possible witnesses to the conditions in your country. It is essential to apply within the first year of your arrival in the country to preserve your eligibility. There are other legal limitations that may make you ineligible for asylum such as convictions against you for criminal cases, fraud against the Government or previous removals.

Our asylum lawyers will guide you in every step to present your case with the greatest guarantee of success.

2. CANCELLATION OF REMOVAL FOR PERMANENT RESIDENTS AND NON-PERMANENT RESIDENTS.

Our immigration attorneys are experts in this form of legal relief from removal called cancellation of removal. Those permanent residents and non-residents who, being in removal proceedings before an immigration judge, have had continuous presence in the United States for more than 10 years, have good moral conduct, and if deported from the United States would cause extreme and irreparable hardship to direct family member who is a U.S. citizen or permanent resident, may be eligible for this relief. The basis of this application is to provide evidence of physical presence and extreme hardship, as well as clear and compelling testimony in defense of your case.

Our cancellation of removal lawyers will guide you in every step to present your case with the greatest chances of success.

3. DISMISSAL AND TERMINATION OF REMOVAL PROCESSES

Our immigration attorneys can help you obtain a dismissal of your removal proceedings by filing a joint motion with the ICE attorneys. Sometimes, a person in removal proceedings may be eligible for a residency process through a family petition, TPS protection, or the possibility of requesting asylum with the USCIS office and not in court. In these cases, our attorneys can negotiate with the Government's attorneys for a dismissal of your court case.

You will need to present your case and evidence of said eligibility, as well as letters of support from your family and friends, fingerprints showing that you have no criminal record, and other evidence to show your connection to the community. If ICE attorneys agree to our request, our attorneys will file a motion for dismissal with the immigration judge to have your case fully dismissed.

4. MOTION TO REOPEN EXISTING REMOVAL ORDERS

Our immigration attorneys can help you through the difficult process of requesting reopening of an old deportation or removal order or voluntary departure order that has not been complied with. Sometimes, an immigrant may have abandoned their process or lost a petition to defend themselves against removal, such as asylum. In these cases, there will be a removal order that would prevent this person from applying for residency and many other benefits in the future.

It is necessary to present a series of allegations and evidence to ICE lawyers so that they show their agreement to ask the immigration judge to possibly reopen your case. This is a very sensitive process since it is necessary to present a criminal record and the government lawyers are very demanding with the evidence.

Our immigration lawyers will support you in preparing the application and evidence to present. With successful experience in reopening hundreds of removal orders in immigration courts in San Antonio, TX, Houston, TX, Philadelphia, PA, Boston, MA, New York, NY or Baltimore, MD among many other courts. Portner & Shure will be your best ally.

5. REQUESTS FOR PROCEDURAL DISCRETION WITH THE ICE PROSECUTOR'S OFFICE

Our immigration attorneys have long and successful experience in requesting prosecutorial discretion with ICE to obtain a better outcome in removal proceedings. The procedural discretion of the immigration prosecutor's office is a measure provided for in the law that allows lawyers to review on a case-by-case basis and drop removal charges so that the immigrant can potentially access certain legal relief.

These requests must be made through a lawyer since the law does not allow it to be done any other way. They are generally made in writing in court and with the prosecutor's office that has jurisdiction in the case. It must be demonstrated that the applicant is not a danger to the nation and border security and that he or she does not constitute a priority for removal, such as having a severe criminal history.

Our immigration lawyers will guide you throughout the defense process and requests with the ICE prosecutor's office so that they exercise favorable discretion in your removal case.

6. DETENTION AND BOND HEARINGS

Our immigration attorneys can assist you or a family member who is in CBP or ICE custody at the border or within the United States. There are different custody programs depending on eligibility factors and our team can help you end your detention or at least improve the terms of it while you wait for your removal and defense process.

There are numerous detention centers within the United States and to locate a detained person, as long as they are over 16 years of age, some information will be needed such as Alien A number, date of birth, first and last name, as well as nationality. Our lawyers will be able to assist you in the negotiation and representation of a bond. The terms may vary depending on the conditions imposed by the immigration judge.

The process of requesting and granting bail or bond is complex and requires demonstrating that one is deserving of this benefit, or they will remain in ICE custody in a detention center and away from their family. It is important that you seek prompt and appropriate advice. With our team of immigration lawyers, you will have the help you need.

7. APPEALS TO REMOVAL ORDER

Our immigration attorneys will be able to assist you in your appeal of an unfavorable decision by the immigration judge. In general, there is a short period of 30 days to appeal once the judge denies your case in immigration court. Whether it is asylum, cancellation of removal of residents or non-residents, or some type of waiver or application with the immigration judge, an immigrant has the right to appeal.

Appeals are complex since they are limited to what has already been provided of evidence and testimony and not to new or expanded facts and means of proof. A detailed study of the judicial precedent is required, what happened in the record during the first trial and what was provided in the testimony of the parties. This work is delicate and must be done urgently to avoid missing application deadlines.

Our immigration attorneys can help you with appeals to the Board of Immigration Appeals, the federal circuit court, as well as the USCIS immigration agency if necessary. Have your file complete and make a consultation to study your case in detail and efficiency. With Portner & Shure you can expect help and efficiency in your appeal strategy.