US immigration laws and policies affect not only those wishing to immigrate to the US, but also those needing to travel here for business, education and pleasure. For more information on immigration law, contact our firm to schedule a consultation with an experienced immigration lawyer.
Important Information about Your Immigration Rights
Provided by Attorney Daniel E. Chavez, in Petaluma, California
If you are a foreign national and want to legally reside in the United State, or you want to bring a family member to live with you, you may be uncertain about the laws and procedures, as well as your rights in an immigration matter. The information below, provided by the Law Offices of Daniel E. Chavez, answers basic questions about immigration. Attorney Chavez, a board-certified specialist in immigration and nationality law, has protected the legal rights of immigrants for over 30 years. To learn more about our immigration practice, see our immigration law page.
Contact our office or call us at 707-766-0471 (toll-free at 888-432-6097) to schedule an appointment.
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Contact a board-certified immigration and nationality lawyer! At the Law Offices of Daniel E. Chavez, in Petaluma, California, we have over 30 years of experience handling immigration law matters. We are licensed to practice in all state and federal courts in California. Flat fees charged for most services.
For experienced representation in immigration matters, contact Daniel E. Chavez, the only attorney in Sonoma County who is board-certified in immigration and nationality law by the state of California. We offer over 30 years of experience to individuals in immigration matters, including family-based immigration, removal defense, and immigration appeals.
Removal
Removal occurs when the federal government formally either refuses admission to a foreigner at the U.S. border, or expels from the country a previously admitted alien for violation of certain U.S. immigration or other laws. Once deported, an alien may lose the right to return to the United States, even as a visitor. If you or a loved one is facing removal, call Law Offices of Daniel E. Chavez in Petaluma, California, today to speak with an experienced immigration lawyer.
Classes of Aliens Subject to Removal
Title 8 of the United States Code contains the country's immigration laws, including the grounds for deportation once physically in the country. Some of these include:
- Committing certain crimes, notably those of moral turpitude, theft, and domestic and other violence; and aggravated felonies
- Working illegally
- Overstaying a visa
- Entering marriage fraudulently to gain entry into the country
- Assisting, encouraging, aiding or abetting others to enter the country illegally
- Using fraudulent or falsified documents to enter the country
- Providing material misrepresentations to gain entry
- Violating the terms of immigrant status or other condition of entry
- Failing to register
- Engaging in any activity that endangers public safety or creates a national security risk
- Violating any other U.S. immigration or other law
- Having been legally inadmissible upon entry
- Having perpetrated genocide
- Voting illegally
- Becoming a public charge
- Having engaged in terrorist acts
Alien Rights in Removal Proceedings
When an alien is deemed inadmissible at the border, the government must follow the legal procedures as laid down in federal law for turning that person away, but until the alien is within the country, the constitution does not protect the individual. At the point someone is physically in the U.S. — even illegally — he or she becomes a person for purposes of the due process clause that requires the government treat him or her with basic fairness in legal proceedings.
If an alien is inadmissible or if there is evidence an already-present alien has committed a deportable offense, the alien will be subject to removal proceedings by U.S. Immigration and Customs Enforcement (ICE), a part of the Department of Homeland Security (DHS). Removal proceedings are brought before an immigration judge within an arm of the U.S. Department of Justice, who determines whether or not the alien will be deported. This decision is reviewable by the Board of Immigration Appeals (BIA) and then by the federal court system.
Although constitutional protection differs, aliens subject to removal both at the border and once within the country have similar rights under federal statute such as:
- The right to legal representation
- The right to notice of the charges against them
- The right to examine the evidence against them
- The right to cross-examine government witnesses and offer evidence
- The right to appeal
The additional constitutional protection that attaches to an alien once within U.S. borders is reflected mainly in a lower level of required evidentiary proof.
Conclusion
The consequences of being deported or excluded from the U.S. can be catastrophic. Legal representation throughout the removal process is essential. Contact Law Offices of Daniel E. Chavez in Petaluma, California, to schedule a consultation with an experienced immigration attorney.
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