John Galante,

Attorney at Law      [Advogado]

142 Pleasant Street
Suite 2
Malden, MA 02148
ph: 781-287-0016
alt: 877-288-4515 (toll free)

Deportation Defense

DEPORTATION DEFENSE: 

Below are some of the services I offer. It is necessary to interview a client, and determine their goals and current immigration status before suggesting which route is best.

Some services are preventative in nature, minimizing the immigration consequence of a criminal conviction.

Some services fight to keep someone facing removal from being deported.

Other services aid persons who are being removed, or who do not wish to fight removal, in expediting their deportation to their country of origin, or minimizing future consequences of being deported, incase they wish to someday return to the U.S.    

Finally, some services help those who have been deported return to the United States, as quickly as possible.

Important: Material presented on this website is for information purposes only. It is not intended as professional advice and should not be construed as such.  Please contact me, or another attorney, for professional advice.

 

Importante: 

[O material apresentado neste Web site é para finalidades da informação somente. Não é profissional recomenda. Por favor o contato eu mesmo ou um outro advogado para o profissional recomendam.]

 

Representation in Immigration Court during Removal Proceedings and Bond Hearings.                    In immigration courts, there are judges and prosecutors, evidence and witnesses. The consequences can be great: banishment, separation from family, perhaps persecution at home. But unlike in criminal courts, the government does not provide free lawyers for the poor. And, a growing number of people in immigration court have no legal counsel (Of more than 314,000 people whose cases ran their course in  2005, two-thirds went through on their own, or pro se). According to the Catholic Legal Immigration Network, government data show that 34 percent of all non-detained immigrants with attorneys won their cases in fiscal 2003, compared with 23 percent without. Of non-detained asylum seekers, 39 percent with attorneys won their cases; that figure was 14 percent of those without attorneys.

Appeal of an Immigration Judge’s Decision to the Board of Immigration Appeals:
After an Immigration Judge has rendered a decision in your case you have a very limited amount of time to file an appeal of that decision.  I can represent you in front of the BIA, writing and filing a brief in support of your appeal. This brief is a combination of facts and law, as well as supporting documents and affidavits, which can be used to persuade the Board of Immigration Appeals that the Immigration Judge has made an incorrect decision in your case, and that you should not be deported to your country of origin.

Motion to Reopen:
A motion to reopen can only be made after the Board of Immigration Appeals has decided your case. It is used to ask the BIA to look at new evidence or a change in situation in your case.

Motion to Reconsider:
A motion to reconsider can only be made after the Board of Immigration Appeals has decided your case. This motion is used when you do not have new evidence of a change of circumstances in your case, but wish the BIA to reconsider its previous ruling.

Motion to Remand:
A motion to remand can only be made before the Board of Immigration Appeals has decided your case. It is used to ask the BIA to look at new evidence, of a change in situation in your case, while you are waiting for the board to make a decision in your case.

Motion to stay removal:
Not all actions taken by a defendant in removal proceedings automatically stop the DHS from removing that person from the United States. Many times the deportee must request that the court stay their removal, or they may still be deported, even if they are challenging their case before an Immigration or Federal Court.

Vacating the criminal conviction upon which the removal is based:
It may be possible in some cases to return to criminal court to have the criminal conviction upon which the deportation is based vacated. Without this conviction the person facing removal may no longer be deported, if the criminal conviction is vacated for reasons other than that the person is being deported

Waivers:
If a loved one has been deported, they may be able to obtain a discretionary waiver (I-601). If the deportee has a wife, child or parent of a US citizenship or legal permanent resident status, they may obtain a waiver if they show that the denial of the waiver would result in an extreme hardship to the qualifying relative. Note: This waiver is not available for all crimes.

 


 

 

142 Pleasant Street
Suite 2
Malden, MA 02148
ph: 781-287-0016
alt: 877-288-4515 (toll free)