Universal Post Conviction, LLC
Call Us: 770-688-4574
Deportation
IF YOU ARE AN ALIEN FACING DEPORTATION, BASED ON A PRIOR DEPORTATION ORDER, YOU CAN COLLATERALLY CHALLENGE THE LAWFULNESS OF THE ORIGINAL PROCEEDING AND GET THE INDICTMENT DISMISSED, IF THE IMMIGRATION JUDGE FAILED TO EXPLAIN TO YOU, YOUR RIGHT TO APPEAL OR SENTENCED YOU IN ABSEATIA.
We have received hundreds of letters for Aliens inquiring into whether or not they could challenge the propriety of their original deportation order. The answer to that question is yes!
FREQUENTLY ASKED QUESTIONS
A. IS IT POSSIBLE TO CHALLENGE A PRIOR DEPORTATION PROCEEDING?
In the United States v. Mendoza – Lopez, the United States Supreme Court held that due process requires that as Alien charged with illegal entry, in violation of 8 U.S.C. 1326, have the opportunity to collaterally challenge the underlying deportation proceeding, if the proceeding violated the Alien’s rights. 481 U.S. 828, 837, 842 (1987) Therefore, because a deportation order is an element of the offense of illegal reentry, the Supreme Court has recognized that an Alien can collaterally challenge the propriety of the original deportation order in the later criminal proceeding. Mendoza Lopez, 481 U.S. at. 838-39. To successfully launch a collateral challenge against an underlying deportation proceeding, a defendant must demonstrate that: (1) the alien exhausted any administrative remedies that may have been available to seek relief against the order,
(2) the deportation proceedings at which the order was issued improperly deprived the Alien of the opportunity for judicial review; and (3) the entry of the order was fundamentally unfair. 8 U.S.C. 1326 (d) (1) – (3). Because the requirements of 8 U.S.C. 1326(d) are listed in the conjunctive, “a defendant must satisfy all three in order to prevail,” where this requirement is met, the illegal reentry charge must be dismissed as a matter of law.
B. HOW DO I BEGIN THE PROCESS OF CHALLENGING MY PRIOR
DEPORTATION PROCEEDING?
Section 1326(d) requires a defendant to demonstrate that he has exhausted all available administrative remedies. 8 U.S.C. 1326 (d) (1). Satisfaction of the 1326 (d) (1) requirement depends on the particular circumstances of removal, but generally requires that an individual that has been ordered deported either move to reopen or rescind their deportation hearing, or, if available, appeal the deportation order. See, United States v. Copeland, 376 F.3d 61, 67 (2d CIR 2004). Therefore, if you are interested in challenging your prior deportation order, you must file either a motion to reopen or rescind your prior deportation order and if the motion is denied, you must appeal the denial to the Bureau of Immigrant Affairs (“BIA) and such appeal “Fulfills the purposes of the exhaustion requirement” because the proceedings allow the BIA to correct any errors and allows the Alien to supplement the record with mere evidence.
C. CAN THE EXHAUSTION REQUIREMENT IN 1326(d) BE EXCUSED
The exhaustion requirement in 1326(d) must be excused where an Alien’s waiver of administrative review was not knowingly and intelligent. Therefore, if the immigration Judge (“IJ”) did not inform you of your right to apply for relief from deportation, your waiver of your right to appeal was not made knowingly and intelligently. United States v. Sosa, 387 F.3d 131, 136 (2d CIR. 2004) As such, your failure to exhaust administrative remedies is excused because the prior proceedings denied you the opportunity for judicial review because the IJ failed to fulfill it’s obligation to adequately inform you of available option for relief, because such failures are intolerable, in light of the removal systems reliance “on IJ’S” to adequately explain the law to Aliens who did not have a lawyer representing them during the deportation proceeding. Sosa at. 137. Also, if your deportation order was entered in absentia, you are eligible to seek rescission of the deportation order under 8U.S.C. 1252b(c)(3)(B) (1994) noting that an Alien that demonstrates that he was in Federal or State custody may be eligible to seek rescission.
WHAT WE CAN DO FOR YOU
We have formulated a strategy and a fee plan to make our services available to the greatest amount of Aliens interested in seeking to reopen or rescind their prior deportation hearings, or, if available, appeal the order. Our fee to file a motion to reopen or rescind a deportation hearing is 6,500.00.
CONTACT US FOR POST-CONVICTION RELIEF
If you’re seeking post-conviction relief assistance feel free to contact us at the above address. Remember the difference between failure and success is doing a project nearly right and doing a job exactly right.
In order for us to review your case, we will need the following documents, if you have
them:
A copy of the document from the immigration court that conducted the proceeding in the prior case.
WHO WE ARE
When you are looking for assistance with your legal problems, we are the place to seek. We provide legal research assistance on a pro’se level. We will also work under the direction of any attorney that you may have. We are not a law firm. We are post-conviction consultants, paralegals, and legal assistants. Should you wish to contact us, our information is listed above. We do not provide free advice. Serious inquiries only.