Asked in Immigration Law for California

Q: A letter from INS arrived today cancelling my brother's Dec 7 deportation hearing. What could be the reasons? None given

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3 Lawyer Answers
Answered
  • Immigration Law Lawyer
  • Fresno, CA

A: Hello,

There are a number of reasons a hearing may be cancelled and rescheduled. Sometimes, the court has a conflict with another case or the judge's schedule. If an interpreter is needed, it may be that an interpreter for the correct language is not available. As well, cases may be moved because older cases (pending longer with the court) or detained cases (on a different time frame) have come in and need to be scheduled in place of cases that have not been pending as long.

Usually, when a hearing is canceled, there is a new notice sent out soon with a new hearing date. Sometimes, the new hearing notice is even sent out at the same time.

You and your brother may wish to speak to a licensed, experienced immigration attorney to find out more about what to expect in court. Attorneys also are able to find out about reasons for rescheduling sometimes. As well, it is always best to be represented in court proceedings if at all possible. If cost of hiring a private attorney is a concern, your brother *might* qualify for reduced fee or pro bono representation. A list of organizations and attorneys offering such representation is available at http://www.justice.gov/eoir/probono/states.htm

Best wishes,

Jennifer

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Answered
  • Immigration Law Lawyer
  • Long Beach, CA
  • Licenced in California

A: Hello:

It will not just be 'cancelled', but most likely rescheduled.

Removal/Deportation Representation

It is critically important that you get qualified and expert representation for the deportation/removal hearings. The Government will try to get the deportation issued. Neither the Immigration Judge, nor the Trial Attorney are there to help you. There are different forms of relief available which could result the granting of Lawful Permanent Residence. However, this requires large applications to be prepared and the necessity to prepare for trial. My firm has done this for several years, and if done properly, there is a very reasonable chance that it will be successful. If not done properly, the deportation order will be issued and your current way of living in the United States will end and you will either be on the run or be forcibly removed from the United States. 

 

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Answered
  • Immigration Law Lawyer
  • Long Beach, CA
  • Licenced in California

A: Hello:

It is unlikely it was just 'cancelled'. You can call 800-898-7180 to determine when the next court date is.

Removal/Deportation Representation

It is critically important that you get qualified and expert representation for the deportation/removal hearings. The Government will try to get the deportation issued. Neither the Immigration Judge, nor the Trial Attorney are there to help you. There are different forms of relief available which could result the granting of Lawful Permanent Residence. However, this requires large applications to be prepared and the necessity to prepare for trial. My firm has done this for several years, and if done properly, there is a very reasonable chance that it will be successful. If not done properly, the deportation order will be issued and your current way of living in the United States will end and you will either be on the run or be forcibly removed from the United States. 

 

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