Deportation Defense

INDIVIDUALS IN USICE CUSTODY

IMMIGRATION BOND
USICEWhen individuals are detained by USICE, they may have immigration bond or they may be eligible for immigration bond. Contact the Schunk Law Firm PC so that a review of immigration bond eligibility can occur. If an immigration bond is issued and paid, the individual is released from USCIE custody and the immigration court proceedings continue in the non-detained immigration court. Generally, individuals are only granted one chance at obtaining an immigration bond. Contact the Schunk Law Firm PC for assistance with immigration bond proceedings and subsequent immigration court hearings.

EOIR PROCESS
The Executive Office for Immigration Review (EOIR) is the immigration court. If an individual is not eligible for immigration bond or cannot pay the bond that was issued, the EOIR proceedings will generally take place directly in the detention facility. Generally, an individual will have one or two master calendar hearings to determine what defensive filings are available. The immigration judge will then schedule a merits hearing to make a decision on whether the defensive filing will be granted (the individual is released and allowed to remain in the U.S.) or denied and a removal order is issued. Contact the Schunk Law Firm PC for assistance with EOIR proceedings.

BIA PROCESS
The Board of Immigration Appeals (BIA) is the appeals court for the immigration court. Once the immigration judge issues a decision, both parties (the individual or USICE) can reserve their right to appeal if they believe the immigration judge’s decision was wrong. The notice of appeal must be filed within 30 days of the immigration judge’s decision. If the individual is in detention, they remain in detention while the appeal is pending. Contact the Schunk Law Firm PC for assistance with BIA filings.

PETITION FOR REVIEW
If individual or USICE believe the BIA’s decision was incorrect, a Petition for Review can be filed with Circuit Court in the local jurisdiction. The notice must be filed within 30 days and the argument must be of a constitutional / due process nature. Contact the Schunk Law Firm PC for assistance with Petition for Review filings.


INDIVIDUALS NOT IN USICE CUSTODY

IMMIGRATION BOND
When individuals have paid their immigration bond, their cases are transferred to the non-detained EOIR immigration court.

EOIR PROCESS
The Executive Office for Immigration Review (EOIR) is the immigration court. Once the individual has paid their immigration bond (if one was required), the EOIR proceedings will take place directly in the non-detained immigration court. Generally, an individual will have one or two master calendar hearings to determine what defensive filings are available. The immigration judge will then schedule a merits hearing to make a decision on whether the defensive filing will be granted (the individual is allowed to remain in the U.S.) or denied and a removal order is issued. Contact the Schunk Law Firm PC for assistance with EOIR proceedings.

BIA PROCESS
The Board of Immigration Appeals (BIA) is the appeals court for the immigration court. Once the immigration judge issues a decision, both parties (the individual or USICE) can reserve their right to appeal if they believe the immigration judge’s decision was wrong. The notice of appeal must be filed within 30 days of the immigration judge’s decision. If the individual may remain in the U.S. while the appeal is pending. Contact the Schunk Law Firm PC for assistance with BIA filings.

PETITION FOR REVIEW
If individual or USICE believe the BIA’s decision was incorrect, a Petition for Review can be filed with Circuit Court in the local jurisdiction. The notice must be filed within 30 days and the argument must be of a constitutional / due process nature. The individual is not permitted to remain in the U.S. while the Petition for Review is pending unless permission is granted by the court. Contact the Schunk Law Firm PC for assistance with Petition for Review filings.