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

Related Topics:
3 Lawyer Answers

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

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. 

 

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. 

 

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.