Immigration Appeals and Bonds Lawyer in Las Vegas, NV
Being taken to jail is a traumatizing and even psychologically damaging experience, especially when you do not know is going to happen next. Being kept in the dark about your future can be just as bad, if not worse, as being locked up behind bars. Additionally, sometimes staying in jail is actually the safer option for detained immigrants that my face deportation upon release from jail. The law offices of Paul Padda Law and the experienced immigration appeals and bonds attorneys of our Las Vegas law firm understand the seriousness of your or your loved one’s situation, and are here to offer professional legal help. While this unfortunate and unfair tragedy is certainly a trying time for everyone involved, we believe that there is always a viable solution at hand. However, it requires an experienced and prudent legal mind to solve immigration situations such as yours, which is why going with a trusted attorney is necessary. Immigration laws are in a constant state of flux, and are complex beyond most attorney’s understanding. Contact Paul Padda Law at today for help.
What is the Immigration Appeals Process?
If you lost your immigration case, you stand the risk of deportation and being separated from your friends, family, school, and community that you have grown to love. Not all court decisions are just. For example, the judge may have overlooked crucial evidence relevant to your case, not properly taken in witness testimony or character witness testimony, or other laws may have not been properly adhered to regarding your immigration case. The Board of Immigration Appeals (BIA), which is a branch of the Executive Office of Immigration Review (EOIR), reviews court decisions made by the Immigration Courts. The attorneys of Paul Padda Law Firm aggressively advocate on our client’s behalf to keep them from being deported. The BIA may reverse the original decision or uphold it. However, if the BIA does not reverse the decision and upholds deportation, we may take your case to the U.S. Court of Appeals as another option.
Winning an Immigration Appeal is Difficult but Possible With Experienced Legal Help
The chances of winning a deportation case, not an appeals decision, is roughly 50.3 percent, according to Thinkprogress. But your chances of winning your original case depend on whether or not you have legal counsel. A study by Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit found that 97 percent of immigrants who were detained lost their case when they did not have legal counsel, compared to just 26 percent of immigrants who had legal counsel. These studies are only a few years old, though may be becoming outdated, much like current immigration law, due to the rapidly changing landscape of immigration “reform” that is going on in this country as of late. However, the takeaway is that because immigrant courts do not mandate the right to an attorney, you need to contact a lawyer immediately, whether your original deportation case has been heard yet, or if you lost your case and are in beginning the process of making an appeal. The fact that you lost your original immigration case means that there are likely legal grounds to justify your deportation, unless of course that evidence can be nullified by your attorney. However, this means that winning your appeal will be even more difficult. The BIA appeals courts are not created to accommodate the chances of an immigrant winning their case or even to recognize the rights of immigrants to stay in the U.S., as evidenced by the lack of the right to an attorney in either courts. Most appeals are unfortunately denied. However, with an experienced attorney, your chances are much greater than with no help or with average legal council.
There are Great, and Seriously Concerning, Discrepancies Among Individual Judges in Immigration Court
According to information gathered in the Freedom of Information Act and by University of Pennsylvania research, within the same immigration court, some immigration judges are three times more likely than their colleagues to deport an immigrant. Many of these overly strict judges make an order for deportation even before the immigrant has found a lawyer or filed an application of relief. These individuals who are quickly denied a fair hearing by a hostile judge are unlikely to file an appeal because they do not have a lawyer, and immigrants without an attorney almost never appeal a decision. This means that tens of thousands of immigrants are deported from the country every year without a fair hearing and without the chance to appeal a bad court decision. When a court makes an error or a bad decision, it needs to be challenged. The only way to do that is to work with an experienced Las Vegas immigration appeals attorney and to take your case to the BIA and the U.S. Court of Appeals after that if the BIA upholds the original court’s prior and poor ruling.
The Immigration Appeals Attorneys and Immigration Bonds Lawyers of the Paul Padda Law Firm Will Help You Stay With Your Loved Ones
Our lawyers never stop fighting for you and your loved ones. We understand how crucial it is for you to win your case, and will use every legal tactic available at our disposal to ensure that you or your family member are not deported. With the new presidential administration, ICE is cracking down on immigrants more frequently and with more ferocity than ever before. Immigration courts are sometimes upholding unconstitutional decisions and unfairly siding with local and federal law enforcement to achieve ideological goals, and when courts bend procedural rules or laws, appealing becomes necessary. Unfortunately, many immigrants are rushed through the courts as quickly as possible to discourage them from having time to find a lawyer. The faster an immigration judge can order deportation, the higher the chances are of that immigrant being sent away without even talking to a lawyer at all. To file a deportation appeal and to stay here with your family and loved ones, you need to contact an experienced immigration appeals attorney with the Las Vegas law firm of Paul Padda Law today as quickly as possible. The sooner we are able to begin working with you, the better the chances are of winning your appeal.
After Being Arrested, Contact a Las Vegas Immigration Bonds Attorney and Immigration Appeals Lawyer at Once Before You Take Any Other Steps
If you or your loved one is in jail because of a crime that was allegedly committed, being immediately released on bond may not be the best choice of action. Crimes involving moral turpitude can be cause for deportation if the offense was committed within five years of the immigrant’s entry into the United States. Similarly, multiple criminal convictions, or an aggravated felony can be grounds for deportation under 1934. Appendix D, Grounds For Judicial Deportation. However, these laws, including grounds for judicial deportation, are currently in a state of change and are becoming outdated pending revision, which is why it is so critical for your attorney to have a strong grasp on the most current laws.
Crimes Involving Moral Turpitude Include a Grey Area that is Open to Interpretation
Crimes that involve moral turpitude, which can ground for judicial deportation, are described by Chu v. Cornell as “conduct that shocks the public conscience.” This includes murder, voluntary manslaughter, kidnapping, intent to defraud, robbery, and aggravated assault. Assault without a deadly weapon or evil intent may not be considered a crime of moral turpitude, and generally many offenses are up for debate as to whether or not they are crimes of moral turpitude. For example, if you were involved in a fist fight with a coworker or friend, that offense would not likely be defined as a crime of moral turpitude, whereas beating up someone for their wallet would be considered such a crime. If you were arrested for a crime that you believe qualifies for a crime of moral turpitude, and you have been in the country for five or more years, you need to talk to an attorney before discussing anything with law enforcement.
What Happens During a Bond Hearing? Your Immigration Bonds Lawyer Will Walk You Through Everything You Need to Know
If you or a family member have been detained by Immigration and Customs Enforcement (ICE) or placed on hold for committing a crime of moral turpitude, for committing an aggravated felony offense, or for having committed many smaller crimes, you need to contact an attorney at once. You may be released on your own recognizance, meaning that you are expected to show up to your court date and do not have to post an immigration bond. Or, you may be released only if you post bond. A bond is essentially insurance for the court, paid by you or you family members. Bond is paid to the court and will be returned only when you show up to your immigration hearing. Or, if you or your family member, does not show up to the immigration hearing, the bond money will not be returned. During a bond hearing, your attorney will present to the court all of the reasons why your bond should be set at the lowest amount, or that no bond is necessary at all. The court sets bond based on the following criteria:
- Immigration history;
- Employment history;
- Likelihood of appearing before immigration hearing;
- Criminal history;
- Family ties to the U.S.;
- Potential danger to the community;
- Financial ability to pay bond;and
What if My Bond is Set Too High and I Cannot Afford to Pay it?
The minimum bond amount is $1,500, according to the American Civil Liberties Union (ACLU). Whatever the amount the bond is set at, you must show up at your hearing, or risk losing that money and being taken back into ICE detention. We understand that coming up with thousands of dollars, and potentially tens of thousands of dollars, in a short amount of time is difficult for many families, and quite impossible for many middle to lower income families. An attorney will help ensure that your or your family member’s bond is set as low as possible. Or, if you bond has already been set, we may be able to redetermine the bond and successfully argue for a lower amount. It is vital that the bond is set at a reasonable amount, and does not overly punish a person, who is still innocent until proven guilty no less, of a minor offense that they allegedly committed.
How High Bail Amounts Hurt Low Income People, Including Immigrants
Unfair bail or bond decisions keep millions of low income people, both immigrants and non immigrants, locked up for unreasonable amounts of time. According to The Atlantic, there are over 12 million jail bookings each year, mostly for low level and nonviolent offenses; 60 percent of people in jail have not been to trial, and 90 percent of those people are in jail because they cannot afford posting bond. While immigrants, on average, work longer hours than citizens and have lower rates of unemployment, they earn just 77 percent of what U.S. citizens earn, according to CNN. The Las Vegas attorneys of Paul Padda Law know how important it is to get you or your loved one out of jail, and realize that an unreasonable bond amount will unfairly punish for a minor crime that may or may not have even been committed. We aggressively represent our clients during bond hearings, and inform the court of our client’s good standing within the community, strong work ethic, family ties, high mortality, and the overall benefit they provide to the country and state of Las Vegas.
You Need an Immigration Appeals Lawyer and Immigration Bonds Attorney to Aggressively Pursue Your Best Interests
Whether you require assistance with a bond hearing or an immigration appeal, you need to contact a Las Vegas immigration bond and immigration appeal lawyer as soon as you can. Call the firm of Paul Padda Law today to speak to an attorney who fully understands immigration appeals and bond matters and who will aggressively fight for your rights.