Asylum, Removal, and Deportation

Expedited Removal

The government has detained and deported hundreds of thousands of individuals through a process known as expedited removal. Expedited removal does not allow noncitizens to apply for asylum.

Deportation under expedited removal is quick and detained individuals frequently do not know why they are not able to present their claim to a judge.

It is important to act extremely quickly when an individual is in expedited removal. Gianvito Grieco, Esq. is exceptionally well prepared to represent your loved one in expedited removal and has represented hundreds of detained families and individuals in expedited removal.

Our office will assist and prepare detained individuals for their credible fear interview and provide representation in front of an Immigration Judge in “Credible Fear Review” hearings if no finding of credible fear is found.

It is especially important for individuals with prior removal orders in expedited removal to consult with our office.

Removal Proceedings

If a noncitizen is found to have a credible fear of returning to their home country, the Department of Homeland Security files a Notice to Appear (“NTA”) which initiates removal proceedings.

Our office can assist in applying for asylum, withholding of removal, and protection under the Convention Against Torture (CAT); cancellation of removal for Lawful Permanent Residents or non-Lawful Permanent Residents, Adjustment of status, and voluntary departure.

Immigration laws allow individuals to apply for asylum if they have been subjected to past persecution or have a well-founded fear of future persecution on account of race, religion, nationality, political opinion or membership in a particular social group.

Individuals may file for asylum in the United States: (1) by filing an affirmative asylum application with USCIS; or (2) defensively with an immigration court.

Where to file the application depends on the applicant’s situation.

An asylum applicant must file their application (I-589) within one year of their last entry to the United States.

There are exceptions and U.S. asylum laws are complex. It is important to have an experienced attorney by your side while navigating through this process.

Bond, Release from Detention

Detained individuals in removal proceedings may be eligible for a bond offered by the Immigration Court.

Our office can represent individuals in bond proceedings with the Immigration Court. Our office can also make a request for a redetermination of a custody determination where ICE has decided not to offer a bond, or has set a bond that is too high.

Our office can also argue that ICE should exercise their discretion and release an individual from detention.

Appeals

Decisions in removal or bond proceedings may be appealed to the Board of Immigration Appeals (“BIA”) within 30 days from the court’s decision. Our office can prepare a brief challenging the decision of the immigration judge to the BIA.

Motions to Reopen and Motions to Reconsider

There are strict rules regarding the filing of motions to reopen once a final order of removal has been entered. Our office can submit motions to reopen to rescind in absentia orders of removal where an individual did not appear because they were not provided notice of the hearing as well as under other circumstances.

A Motion to Reconsider may be filed within 30 days of an Immigration Judge’s decision in a case.

The motion must set forth the errors of fact or law that the judge made in their decision. We also can negotiate with DHS to file joint motions and advocate for exercise of prosecutorial discretion.

Work Permits

Depending on your application category, you may be eligible for a work permit. For example, once an application for asylum (I-589) has been filed and the required time has elapsed, our office can assist with securing a work permit while removal proceedings are ongoing.

Our office can also help determine if you are eligible for a work permit under another category, for example if you have been released under an Order of Supervision. We can also assist with renewals.