Facing deportation from the United States is a stressful experience for you and your family. At the Law Office of Alexander R. Vail, we know how important it is to keep families together. If you or a loved one is dealing with deportation, you should consult our legal team today.
Our team provides legal services to help individuals avoid deportation from the U.S., including ICE removals. A variety of removal proceedings exist. One of the most common falls under Section 240 of the Immigration and Nationality Act. Our team will give you a free evaluation of your situation and thoroughly explain your options. We will take all of the time we need to map out your options and give you our professional advice during each step. We won’t just tell you what you want to hear. Instead, we will tell you the truth about your case.
You can trust our team to get your questions answered about your case. Removal proceedings under Section 240 are essentially a two-phase process. The first phase depends on the issue of removability. This concerns whether the noncitizen in the proceedings is removable as charged by the Department of Homeland Security. A noncitizen in removal proceedings is charged with being either “inadmissible” under Section 212 of the Immigration and Nationality Act or “deportable” under Section 237. The difference between these two categories is significant: it determines which party bears the burden of proof in this first phase (i.e., the removability phase). The second phase, assuming the noncitizen is found “removable,” depends on the issue of relief. This covers the noncitizen’s eligibility for relief from removal. This depends on the facts of each case.
Our managing partner, Alex R. Vail, initially worked in an immigration court as a judicial law clerk and gained invaluable experience in the field of removal defense. During his time in this position, he developed the specialized knowledge needed to be a good advocate for those in removal proceedings. Since then, Alex has built upon this knowledge as an attorney who helps clients in the Las Vegas area with immigration issues. Schedule a consultation with the Law Office of Alexander R. Vail today for a free consultation about your options moving forward.
Come see us, and we’ll tell you how to proceed. You can count on us for an honest answer and plan.
• Removal Defense
• Family-Based Immigration
We are ready when you are.
Call us at (725) 221-5998 to schedule a free consultation.
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APPLICATION FOR ASYLUM GRANTED Matter of K.M.M. (2022)
K.M.M. is a native and citizen of Venezuela who fled her country because of the political unrest and entered the United States with her children. Because of her participation in a political protest, C.I.C.P.C. took an interest in her and issued multiple summonses to her demanding that she appear before the agency to answer to the trumped-up charges lodged against her. Having already fled the country, she had no intention of complying, knowing well what the Venezuelan government does to political dissidents. The issuances of these summonses also made it very clear to K.M.M. that returning to Venezuela might never be possible in the future. She therefore contracted Alex to help with the preparation and filing of the Application for Asylum and for Withholding of Removal (“Form I-589”) with the Executive Office for Immigration Review. The case was predicated on a well-founded fear of political persecution, and this meant that K.M.M. had the burden of establishing (1) that her fear of political persecution was subjectively genuine and objectively reasonable, (2) that she could not avail herself of the protection of her home country’s government, and (3) that it would not be possible to avoid her persecutors by relocating to another area in her home country. At the time of the hearing, the immigration judge found that K.M.M. met her burden of proof and therefore granted her asylum application.
APPLICATION FOR ASYLUM GRANTED Matter of G.M. (2022)
G.M. is a native and citizen of Venezuela who entered the United States, fleeing political persecution from her native country. She had suffered past persecution at the hands of the Venezuelan authorities and feared future harm if she returned to the country. She contracted Alex to help with the preparation and filing of the Application for Asylum and for Withholding of Removal (“Form I-589”) with the Executive Office for Immigration Review. The case was predicated on past political persecution, which meant that, so long as G.M. could credibly establish that she suffered past persecution on account of her political opinion, there would be a presumption that she had a well-founded fear of the same unless the government could prove by a preponderance of the evidence that current country conditions were such that G.M.’s fear is no longer objectively reasonable. At the time of the hearing, the immigration judge found that G.M. met her burden of proof and therefore granted her asylum application.
BOND GRANTED Matter of J.M.M. (2022)
J.M.M. is a native and citizen of Guatemala who had been arrested for driving under the influence in violation of Utah law. After he was bailed out of state custody, he was transferred to immigration custody where the Department of Homeland Security (“DHS”) refused to release J.M.M. on a bond. Alex filed a motion seeking a custody redetermination hearing with the Las Vegas Immigration Court on his behalf, arguing that J.M.M. did not pose a danger to the community or a risk of flight. Satisfied with the evidence presented, the presiding immigration judge set a bond. J.M.M. was released from immigration custody after posting this bond.
WHAT I ADMIRE SO MUCH ABOUT ALEX IS HIS HONESTY
“I am originally from China, and I have been a lawful permanent resident of the United States for many years now. I was initially denied citizenship for a very complicated legal reason. Alex has helped make sense of all this to me. He first helped me through the administrative appeal, and when that was not successful, he filed a lawsuit in federal court. What I admire so much about Alex is his honesty through all of this. He explained from the outset that this is going to be an uphill battle. He predicted the denial of the administrative appeal and said that the only place we had a chance of gaining ground is in a federal court. Another thing I really like about Alex is that he shares all of his work product with me. This is why I am able to understand everything that is going on. Everything he files with the court, he shares with me. If I don’t understand something, he explains it well to me. I really feel like a have a champion on my side with Alex as my attorney.” – Client