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San Francisco Immigration Court Representation

Scott Mossman defends clients (“respondents”) in removal and deportation proceedings before the San Francisco Immigration Court. Most of the immigrants that Scott represents in removal proceedings ended up in those proceedings for a criminal conviction or arrest.

Removal/Deportation Defense

In removal proceedings, the immigration judge first must decide whether the respondent is a noncitizen and whether there is a valid reason to remove him or her. There are many reasons to remove a noncitizen, including fraud, abandonment of lawful permanent residence, entry without inspection, criminal activity, and drug use. The immigration laws regarding conviction of a crime are particularly complex, so an argument to challenge removal for a conviction may exist. If so, we will file a motion to terminate the proceedings (in other words, to dismiss the charges against you).

Second, an immigration judge will decide any applications that would prevent removal if approved. Examples of these applications for relief from removal include cancellation of removal (EOIR-42A and EOIR-42B); relief under former section 212(c); adjustment of status (I-485); waivers of inadmissibility (I-601) under 212(h) (crimes), 212(i) (fraud/misrepresentation), and 212(k) (innocent ineligibility); waivers of deportability under 237(a)(1)(H) (fraud/misrepresentation at the time of admission) and 237(a)(1)(E)(iii) (smuggling of spouse or child); Temporary Protected Status (TPS); asylum, withholding of removal, and Convention Against Torture relief; and voluntary departure.

A respondent normally receives only one chance to prove that he or she should not be removed, so the best possible representation is critical. Further, the consequences of an order of removal can be severe. The person may not be able to return to the United States for 5 years to life.