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Why You Need An Attorney For A Removal Proceeding


Removal proceedings are usually held after an alien commits certain violations or crimes. For instance, if an alien enters the U.S. illegally or commits certain offenses repeatedly, a removal proceeding may be deemed necessary. Usually, such proceedings are held before an immigration judge. Also, removal proceedings may involve the participation of other people, such as attorneys. However, a person facing removal proceedings is under no legal obligation to hire an immigration attorney.

If you are facing removal proceedings, you may be wondering whether or not to hire an immigration lawyer. After all, you are under no legal obligation to hire an attorney. Additionally, if you tell the judge your heartwarming story, they are bound to help you, right? Wrong, this is not the case. Just because you share with the judge your heartwarming tale doesn’t mean they will help you. Also, just because you are under no legal obligation to hire an immigration attorney if you are facing removal proceedings doesn’t mean you shouldn’t hire one. It is not a wise idea to try navigating through a removal proceeding without an immigration attorney.

Why You Cannot Depend on the Judge To Help You

Indeed, during a removal proceeding, the immigration judge (IJ) is not supposed to side with the Department of Homeland Security’s attorney. An immigration judge is supposed to act impartially and consider both your argument and that of the Department of Homeland Security. However, an immigration judge cannot and will not help you with your argument. In fact, the chances are, the immigration judge will not even know the specifics of your case that warrant you staying in the U.S. Additionally, the unfortunate reality is that some judges deport people even when their cases are strong enough to warrant them remaining in the U.S. So, if you are facing a removal proceeding and your only reason why you should not be deported is “I have a family here and work really hard,” you cannot be confident that the judge will not deport you.

How an Immigration Attorney Might Help You With Your Removal Proceeding

As already mentioned, it is not a wise idea to try navigating through a removal proceeding without legal representation. If you are facing a removal proceeding, reach out to an attorney as soon as possible. Even if you think there is no hope for you to remain in the U.S., hiring an attorney is crucial. Unless an attorney tells you so, you cannot conclude that you have no chance of winning your case.

If you are facing a removal proceeding, an immigration attorney can create a strong defense strategy to help defend you against deportation. Depending on the specifics of your case, an immigration attorney could, for example, argue that the criminal charge against you doesn’t match any of the grounds of removability found in the United States immigration laws. An attorney could also argue that you qualify for asylum because you have experienced persecution in your home country or reasonably fear you will experience persecution if you return to your home country. Remember, even if you believe you qualify for a particular defense, you need an attorney to help you build a strong argument.

Contact an NYC Immigration Attorney

Are you facing a removal proceeding in New York? If so, don’t hesitate to contact the skilled and dedicated NYC immigration attorney Mark I. Cohen, Esq. at 212-732-0002 today to discuss your case.



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Avvo Reviews Mark L. Cohen


"... Mr. Cohen's effort... in everything he has done before the Court, is A-Plus... [R]ecently, in another case... [before me], the result he achieved for his client... was quite impressive." Honorable Kenneth M. Karas, United States District Judge for the Southern District of New York.


"So I have very sophisticated counsel here and, Mr. Cohen, [your client] is very fortunate in having you as his attorney, and I hope he appreciates that." – Quote from the Honorable Denise L. Cote, United States District Judge for the Southern District of New York.


"As Mark Cohen, a defense lawyer who has tried cases throughout the city and was a prosecutor in the Bronx, pointed out, there is a saying among defense lawyers in New York." – As provided in the New York Times City Room Blog.

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