Immigration Defense & Crimmigration

Immigration court is a distinct system

Removal proceedings are civil proceedings conducted before the Executive Office for Immigration Review, an agency within the Department of Justice, not the criminal courts. Immigration judges apply immigration statutes and regulations, and the procedural rules, standards of proof and available relief differ from a criminal case even when the same underlying conduct is involved.

Understanding which system is in play and how the two intersect, is the starting point for any informed decision. A step that makes sense in a criminal case can have consequences in immigration proceedings, and the reverse is also true.

Where a case typically sits

Immigration defense matters generally fall into a few recognizable postures, each with its own procedure and timeline.

• Active removal proceedings: a case pending before an immigration judge, from the initial hearing through a final decision.
• Detention and bond: evaluating whether release is available while a case proceeds, and preparing the request if so.
• Appeal: review of an immigration judge's decision by the Board of Immigration Appeals, and in some cases further review by a federal court of appeals.
• Post-decision relief: a motion to reopen or reconsider a case that has already been decided, where new facts or law may justify revisiting it.
• Criminal-immigration intersection: evaluating how a pending charge, plea, or past conviction affects immigration status, before or after the criminal case concludes.

Coordinating with criminal defense counsel

Where a criminal case is pending or has already concluded, immigration consequences are best addressed alongside, not after, the criminal defense strategy. A plea that appears favorable in criminal terms can carry immigration consequences that a criminal defense attorney, without immigration-specific analysis, may not be positioned to evaluate.

How the firm approaches these matters

1. 1

   Record review

   Assemble and review the immigration and, where relevant, criminal record to understand exactly what has happened and what is currently at issue.

2. 2

   Posture assessment

   Identify the procedural stage of the case (proceedings, detention, appeal, or post-decision) and the deadlines that apply.

3. 3

   Options analysis

   Lay out the realistic forms of relief or next steps available on the specific facts and current law, without overstating the likelihood of any particular outcome.

4. 4

   Representation

   Prepare filings, evidence and testimony and appear before the immigration court, the Board of Immigration Appeals, or in coordination with criminal defense counsel as the matter requires.