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Lynn Deportation Defense Attorneys

You Can Fight Deportation & Removal Orders

Immigration removal proceedings, formerly called "deportation", determine whether an immigrant should be removed from the United States. At BOS Legal, our Lynn deportation lawyers handle all removal proceedings for foreign nationals and their families. We can defend you in removal hearings, including those involving criminal charges, because we understand the intricate relationship between the two areas.

If you have received immigration removal orders, call us today at (781) 596-0151 to start building your defense.

Possible Immigration Removal Defense

Usually, in these kind of proceedings, an immigration judge must decide whether a foreign national qualifies for removal or is eligible for relief under special circumstances, including but not limited to:

  • Voluntary Departure – A situation whereby the charged foreign national chooses to leave the country voluntarily to avoid a final order of removal which could potentially bar him from entering the United States for up to ten years.
  • Cancellation of Removal – Lawful Permanent Residents and Non-lawful permanent residents may be eligible for a cancellation of removal if they meet the specified requirements.
  • Asylum – You can seek asylum in the United States to escape political, religious, or cultural persecution if there is a real threat to your safety in your home country.
  • Adjustment of Status – We can help you lawfully change your status to a permanent resident, which may cancel the removal proceedings.

Bond Hearings & Criminal Deportation

Occasionally, individuals are taken into custody by U.S. immigration officials. It is sometimes referred to as "immigration holds" or 'ICE detainer". These individuals are placed in custody pending the resolution of their immigration matters.

The Lynn deportation defense attorneys at BOS Legal have substantial experience representing clients who are detained and facing deportation. We understand the complex issues involved with immigration custody and have successfully secured releases for numerous clients.

Take advantage of the free initial consultation and contact us at (781) 596-0151.

Deportation FAQs

  • What kind of crimes make a person reportable or removable from the United States?
    In 1996, Congress passed a shocking immigration bill which President Clinton signed into Law. It was called Illegal Immigrant Reform & Immigration Responsibility Act of 1996 (IIRIRA) which became effective on April 27, 1996. The law amended a series of immigration laws and created a list of what is called “aggravated felony” See INA 101(a) (43). Some of these crimes include drug trafficking, crimes of violence where the maximum sentence is 1 year or more, sexual crimes, murder or attempted murder, owning, controlling, or commercializing prostitution, smuggling, and counterfeiting…etc. In addition, the IIRIRA created a category called crimes of moral turpitude. Although there is no list of crimes of moral turpitude, the USCIS refers to INA Section 101(f) define what is not “good moral character,” as well as previous case law and BIA administrative decisions to make the determination. For example, minor theft crimes that have a maximum sentence of not more than 1 year and an actual sentence of less than six (6) months will not be considered a crime of moral turpitude. However, two (2) of such crimes may be determined as crimes of moral turpitude. In addition, any crimes that show lack of “good moral character” that has a maximum sentence of at least one year, or if the person is actually sentenced of at least six (6) months, regardless of whether the sentence was actual jail-time or probation, the foreign national is removable as a crime of moral turpitude. Thus, if a foreign national, including a green card holder, committed a crime that is considered an aggravated felony or a crime of moral turpitude, the foreign national is removable.
  • What is a Cancellation of Removal?
    When a foreign national is ordered to appear in an immigration court for a “removal hearing,” depending on the person’s status, he or she may ask for cancellation of their removal, often referred to as “cancellation of removal”. INA § 240A(a), 8 U.S.C. §240A(a) allows certain permanent and non-permanent residents to apply for cancellation of removal, either with USCIS, or to the Immigration Judge, if the foreign national had been ordered to appear in immigration court. INA § 240A (b), 8 U.S.C. § 240A (b) allows certain undocumented or overstayed foreign nationals to apply for cancellation of removal if certain qualifications are met.
  • What is Voluntary Departure?
    Voluntary departure is a relief under which a foreign national is applying with the Immigration Judge to allow the person to “voluntarily” leave the U.S. without a removal order. The “relief” may only be granted by the Attorney General (the immigration judge or the Board of Immigration Appeals) and cannot be appealed to federal courts. The relief serves two main functions. First and foremost, it is an inexpensive way for the government to remove the foreign national from the U.S., without having to purchase their airplane tickets to deport a removable foreign national. The second purpose to allow certain foreign national to leave the country without a removal order. The effect is that these foreign nationals will be able to apply at the consulate to reenter the U.S. relatively quickly without a bar (a statutory requirement that the person must remain outside the U.S. before allowing to reenter). A foreign national that committed a crime that is removable or overstayed less than 1 year can be petitioned by their United States citizen relative to come back to the U.S. Unfortunately, the bar for a foreign national that has overstayed for 1 year or more will remain.