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Continuation procedures for Deportation Hearing

Asked almost 3 years ago - Boston, MA

My husband has a deportation hearing coming up in a few weeks, he is a citizen of haiti, is not eligible for any relief because he is currently incarcerated for an aggrevated felony. he has a writ of habeas corpus pending for this crime. I believe he can not be deported if this case is still in appeal process. I submitted a motion to dismiss out of ins because of this appeal. they returned my motion i guess because i didn't fill out right form. what form should i submit instead??? thanks

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Attorney answers (2)

Joshua L. Goldstein

Reputation Level 9

Answered almost 3 years ago. Immigration Attorney in Boston, MA.

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All motions must comply with the new Immigration Court Practice Manual which is available at the EOIR's website. There are no form for motions. The issues that you discussed are complicated even for good immigration lawyers. This case and especially your opinion that your husband is not "eligible for any relief" should be carefully reviewed by a good immigration lawyer with substantial immigration courtroom experience.

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Philip Alan Eichorn

Reputation Level 17

Answered almost 3 years ago. Immigration Attorney in Cleveland, OH.

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You should consider hiring a defense attorney for your husband. Many times the government incorrectly charges the deportation case. His aggravated felony may not be an aggravated felony. Deportation proceedings are different in that the prosecutor is not the entity who determines the charges. Usually the agent assigned to the case issues the Notice to Appear. Many times that agent is not an attorney; a person trained in the law. A skilled deportation defense attorney can make the proper assessment.

Additionally, be careful about submitting motions on behalf of someone else. This can be considered to be the unauthorized practice of law and in some states can be followed with monetary fines.

www.eichorn-law.com

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Other answers (1)

mitzi

Answered by a user, almost 3 years ago.

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in follow up: i have spoken with 3 or 4 different non profit type lawyers and agencies, who stated that he would only be eligible for relief if he was in fear of being tortured if returned to haiti and that most of these types of cases weren't getting approved anyways unless HIV positive or has a mental deffect. Unfortunately I do not have the resources to hire an attorney to help represent my husband, therefore I have to rely on sites like this to help guide me to do the best i can to atleast fill out the correct forms, etc. I have checked into the EOIR website as suggested, but not sure that there is anything there that fits this situation. Thanks for all of your assistance.

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