Asylum and Removal Defense in Immigration Court
Memphis, TN Attorney For Immigrants Seeking Asylum
Every year, millions of people around the world are forced to leave their home countries because of war, persecution, or other threats to their safety. When these refugees seek entry to the United States, they must meet certain requirements to apply for asylum. At Douglass & Runger, Attorneys at Law, our experienced attorneys can help you understand these requirements and provide you with the assistance you need as you navigate the immigration process.
Defensive or Affirmative Asylum
There are two ways to obtain asylum in the United States:
Notice of Inspection Results
This notice shows that an employer is in compliance.
Notice of Suspect Documents
This notice shows that ICE has found that one or more employees are not authorized to work, and it will describe the potential civil and criminal penalties an employer may face for continuing to employ them. If this finding is not correct, the employer and employees may provide additional documentation to demonstrate the employees' eligibility for employment.
Notice of Discrepancies
This notice shows that ICE was unable to verify one or more employees' employment eligibility. After receiving this notice, employers should inform their employees and work with them to provide additional documentation that demonstrates their authorization to work.
Notice of Technical or Procedural Failures
This notice shows that there were some technical violations on the provided I-9 forms. Employers have 10 days to correct these violations.
This notice shows that ICE found substantive violations with I- 9 forms, but they do not believe a fine is warranted, as long as the employer takes steps to come into compliance in the future.
Notice of Intent to Fine
This notice shows that ICE has found substantive violations and will fine the employer accordingly. After receiving information specifying these violations, employers may either negotiate a settlement with ICE or request a hearing with the Office of the Chief Administrative Hearing Officer (OCAHO).
Cancellation of Removal
When a person has been detained and is subject to removal (deportation), they may apply for Cancellation of Removal through the Department of Justice by filing Form EOIR-42B (Application for Cancellation of Removal and Adjustment). To be eligible for Cancellation of Removal, a person must meet the following requirements:
- They must have been physically present in the United States for a continuous period of at least 10 years.
- They must be “a person of good moral character,” and they must not have any criminal convictions for crimes such as drug trafficking, prostitution, money laundering, domestic violence, or child abuse.
- Their deportation would result in “exceptional and extremely unusual hardship” to relatives who are U.S. citizens or lawful permanent residents.
If an immigration judge denies a request for asylum or cancellation of removal and orders a person to be removed from the United States, this decision can be appealed by filing form EOIR-26 (Notice of Appeal from a Decision of an Immigration Judge) with the Board of Immigration Appeals. Appeals must be filed within 30 days of the immigration judge’s decision.
How to Help Someone Who Has Been Detained by ICE
An immigrant or foreign national may be detained by Immigration and Customs Enforcement (ICE) if they attempted to enter the United States without a visa, if they have an outstanding removal order on record, or if they have committed a crime. After being detained, removal proceedings will typically begin, and an immigration judge may decide to have the person deported. If your family member or friend has been detained, you should contact their deportation officer to determine their status and whether it will be possible to have the person released on bond. You should also contact an immigration attorney, who can help you understand their available options, including applying for asylum or cancellation of removal.
Contact a Memphis Immigration Attorney
If you have any questions about asylum or removal, or if you need to appeal the decision of an immigration judge, Douglass & Runger can help you understand your options, guide you through the process of filing the correct forms, and provide you with the representation you need to avoid deportation. Contact our Tennessee immigration lawyers today by calling 901-388- 5805.