Skokie Immigration Removal Defense Lawyer
Immigration Removal Defense Lawyer Skokie, IL
If you have received a Notice to Appear or been told you are subject to removal from the United States, the process that follows moves on a timeline that does not wait for you to figure things out. Immigration court hearings get scheduled, deadlines pass, and options that existed at the beginning of a case disappear when they are not acted on quickly. Our Skokie, IL immigration removal defense lawyer has been representing clients in removal proceedings for over 25 years, before immigration judges, the Board of Immigration Appeals, and the Seventh Circuit Court of Appeals. Contact Dworsky Law Group as soon as possible to discuss what is ahead.
Why Choose Dworsky Law Group for Immigration Removal Defense in Skokie, IL?
Appellate Admissions That Change What Is Possible
Ashley Dworsky founded Dworsky Law Group with a practice that spans every area of immigration law, including removal defense at the trial and appellate levels. He earned his law degrees from the University of the Witwatersrand in Johannesburg, South Africa, and is admitted to the State Bars of Illinois and New York, the United States Federal Court for the Northern District of Illinois, the Seventh and Ninth Circuit Courts of Appeals, the South African Bar, and the United States Supreme Court.
That combination of admissions is directly relevant in removal cases. A case that begins in Chicago Immigration Court can travel through the Board of Immigration Appeals and into the Seventh Circuit before it is resolved. Most immigration attorneys cannot follow a case that far. Ashley Dworsky can, and that changes the options available to clients whose cases do not resolve at the trial level. For clients who need an immigration lawyer in Skokie, IL, that appellate capacity is a meaningful distinction from the outset.
25 Years Handling Removal Proceedings Across Every Ground
Ashley Dworsky has been representing clients in removal proceedings for over 25 years. He has handled cases involving criminal grounds of removability, visa overstays, prior unlawful entries, prior removal orders that were never executed, and respondents detained by ICE who required immediate bond hearings. The removal defense landscape has changed significantly in recent years. Expanded NTA issuance has placed people into proceedings who had no expectation of being there, including applicants whose adjustment of status cases were denied. Deportation enforcement changes have broadened the categories of individuals prioritized for removal. Staying current on both the law and the enforcement environment is part of handling these cases well.
Evaluated Relief Options and Strategic Defense
Removal proceedings are not one-size-fits-all. The right defense strategy depends on the grounds for removal, the respondent’s immigration history, family ties, employment status, length of residence, and the legally available relief options. Dworsky Law Group evaluates every avenue before settling on an approach, because overlooking an available form of relief is not a mistake that can easily be corrected after the fact.
⭐⭐⭐⭐⭐
“I am writing to express my sincere appreciation for Dworsky Law firm. Everyone I worked with, especially Maryam, Mahdis, Lacey, and Ashley, was great. My wife and I faced many struggles until we started working with your firm. Maryam, in particular, did an excellent job on our I765 form. After two years and working with two other firms, Maryam’s astounding job and knowledge helped us finally get our work permit.” — Jason Krawczyk
Read more reviews on our Google Business Profile.
Types of Immigration Removal Defense Cases We Handle in Skokie
Removal proceedings arise from many different circumstances, and the defense strategy depends on how a respondent came to be in proceedings and what relief is available. Here is what we handle.
- Removal Based on Criminal Convictions. Certain criminal convictions make a noncitizen deportable under INA Section 237, including aggravated felonies, crimes involving moral turpitude, drug offenses, domestic violence convictions, and firearms offenses. The immigration consequences of a criminal conviction are entirely separate from the criminal sentence, and they can affect long-term permanent residents just as severely as recent arrivals. We analyze the conviction record carefully to determine whether the charge of removability is properly brought and what relief options remain available.
- Removal for Unlawful Presence and Status Violations. Respondents who overstayed a visa, violated the terms of their status, or entered the country without inspection may be placed into removal proceedings. These cases sometimes involve prior unlawful presence bars that interact with the removal proceeding in ways that require careful strategic planning. Relief options depend heavily on the length of their presence, their family ties, and their overall immigration history.
- Asylum. Respondents who fear persecution in their home country may raise asylum as a defense to removal before an immigration judge. The legal standard is the same as for affirmative asylum filed with USCIS, but the procedural context is significantly different. The burden of proof, the evidentiary requirements, and the consequences of a denial all play out differently in immigration court than in an asylum office interview. We build defensive asylum cases from the ground up, including country condition evidence and corroborating documentation.
- Cancellation of Removal. Lawful permanent residents who have held that status for at least five years and have resided continuously in the United States for at least seven years may qualify for cancellation of removal if they have not been convicted of an aggravated felony. Non-permanent residents face a higher bar: ten years of continuous physical presence, good moral character, and a showing that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or permanent resident family member. These cases are fact-intensive and require substantial documentation.
- Motions to Reopen and Reconsider. Respondents with prior removal orders, including orders entered in absentia, may have grounds to file a motion to reopen the prior proceedings. The standards depend on why the order was entered, how long ago it was issued, and what circumstances have changed. These are technically complex filings that require a detailed understanding of the prior record. We handle motions to reopen in conjunction with the broader removal defense strategy when a prior order is the central issue.
Federal Legal Requirements for Removal Defense in Illinois
Removal proceedings are governed by the Immigration and Nationality Act (INA), primarily INA Sections 237 and 240, codified at 8 U.S.C. § 1227 and 8 U.S.C. § 1229a. INA Section 237 defines the grounds on which a noncitizen who has already been admitted to the United States may be removed. INA Section 240 governs the removal hearing itself, including the burden of proof, the right to counsel, and the procedures for seeking relief.
The government bears the burden of proving deportability by clear and convincing evidence. Once deportability is established, the burden shifts to the respondent to demonstrate eligibility for relief. The standard for each form of relief is different. Cancellation of removal for permanent residents requires demonstrating that the applicant merits a favorable exercise of discretion. Asylum requires a well-founded fear of persecution on a protected ground. Withholding of removal requires showing it is more likely than not that the respondent would face persecution upon return. Convention Against Torture protection applies when torture by or with the acquiescence of the government is more likely than not. Each standard is distinct and requires different evidence.
Illinois removal cases are heard at the Chicago Immigration Court, which is part of the Executive Office for Immigration Review. The Chicago court has its own docket and procedural practices that affect how cases are scheduled and managed. Detained respondents may be transferred to a facility in a different jurisdiction, which can affect which immigration court handles their case and which circuit court has jurisdiction over any eventual appeal.
Under 8 U.S.C. § 1229b, cancellation of removal for lawful permanent residents requires five years of LPR status and seven years of continuous residence. For non-permanent residents, the requirements are ten years of continuous physical presence and a showing of exceptional and extremely unusual hardship. The aggravated felony bar to LPR cancellation is absolute.
BIA appeals must be filed within 30 days of the immigration judge’s decision, per 8 C.F.R. § 1003.38. Petitions for review to the Seventh Circuit must be filed within 30 days of the BIA decision. Both deadlines are jurisdictional and cannot be extended.
Important Aspects of a Skokie Immigration Removal Defense Case
Contesting the Charges of Removability
The Notice to Appear sets out the factual allegations and the legal charges the government is bringing. Those charges must be read carefully and challenged where appropriate. Prior convictions are sometimes mischaracterized. Dates of entry or status may be incorrectly stated. The legal basis for a charge of removability may be contestable under current case law. Challenging the factual or legal basis of the removal charges is sometimes the most important strategic move in the case, and it must happen before the respondent concedes anything in court. Concessions made at early master calendar hearings can close off arguments that would otherwise have been available.
Identifying Every Available Form of Relief
Respondents in removal proceedings are sometimes told by non-attorneys, or even by less experienced practitioners, that they have no options. That conclusion is rarely correct without a thorough analysis of the full record. Cancellation of removal, adjustment of status through a qualifying family member, asylum, withholding of removal, CAT protection, and voluntary departure are all potentially available depending on the facts. Some respondents qualify for relief through a green card petition that can be filed concurrently with the removal defense. We work through every category systematically before concluding that options are limited.
Prior Orders of Removal
A prior removal order that was never executed or entered in absentia when the respondent did not appear for a hearing creates a different and more complex procedural situation. The respondent may need to file a motion to reopen the prior proceedings before any new relief can be considered. The standard for reopening depends on the circumstances of the prior order, how long ago it was issued, and what has changed. These cases are among the most technically demanding in removal defense, and they require a careful review of the entire prior immigration record before any motion is filed. Alien registration obligations currently in effect may also intersect with a prior order in ways that affect strategy.
The Master Calendar and Individual Hearing Process
Removal cases proceed through two types of immigration court hearings. Master calendar hearings are the procedural stages in which the respondent files pleadings, the charges are addressed, and the case is set for a merits hearing. Individual hearings are where testimony is taken, evidence is admitted, and the immigration judge makes a decision on relief. Each stage requires preparation. Respondents who appear at master calendar hearings without counsel regularly make admissions or fail to raise arguments that could have changed the outcome of the case. The Chicago Immigration Court docket is heavily loaded, and understanding how cases move through that court affects how a defense is built and presented.
Detained Respondents
Being in ICE detention while a removal case is pending creates urgent pressures on every aspect of the case. Evidence is harder to gather. Communication with family members and witnesses is more difficult. The ability to prepare for hearings is constrained. A successful bond hearing can change all of that. We treat bond hearings as an immediate priority when a client is detained, because the ability to prepare a proper defense outside detention is qualitatively different from doing so from inside a facility. The deportation defense strategy for a detained respondent differs from that for someone who is released pending proceedings.
Post-Order Options
A removal order issued by an immigration judge is not always the final word. Appeals to the Board of Immigration Appeals must be filed within 30 days. Petitions for review to the Seventh Circuit must be filed within 30 days of the BIA decision. Motions to reopen or reconsider are available in limited circumstances even after a final order. Stays of removal can sometimes be obtained while an appeal is pending. Each of these options has strict procedural requirements and firm deadlines. Missing any one of them eliminates it as an available remedy. Ashley Dworsky’s admissions to the BIA appellate process, the Seventh Circuit, and the Northern District of Illinois mean those options remain on the table when needed, without the disruption of transferring a client to different counsel at the most critical point in their case.
Contact Dworsky Law Group
Removal proceedings move on court-imposed timelines that do not stop while you look for an attorney. If you or a family member has received a Notice to Appear, has a hearing scheduled, or is currently detained, the time to act is now. As soon as you become our client, our Skokie immigration removal defense lawyer initiates the appropriate legal action to keep you in the United States. Dworsky Law Group has been handling immigration removal defense in Illinois for over 25 years, at every level from the immigration court through the federal circuit. Whether your case involves a recent NTA, a prior removal order, or a detained family member who needs a bond hearing, contact us to schedule a consultation and understand your options.