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REMOVAL DEFENSE

An individual in removal proceedings (formerly called "deportation proceedings") has the right to an attorney, but does not have the right to a court appointed attorney because removal proceedings are not criminal proceedings.  Immigration law is extremely complex, and having competent legal counsel to represent you before the Immigration Court is critical in increasing an individual's chances of remaining lawfully in the United States.

An individual may contest charges of removability or inadmissibility before an Immigration Judge. Martinelli Immigration Law, PC represents individuals who are contesting the proceedings, or who are applying for relief from removal. Forms of relief from removal include Asylum, Restriction of Removal (also known as Withholding of Removal), Withholding of Removal or Deferral under the Convention Against Torture (CAT), Cancellation of Removal for permanent residents (LPR’s) and non-permanent residents,  Adjustment of Status, waivers, Voluntary Departure, and others. Sometimes, it is in the best interest of both parties to pursue "prosecutorial discretion" and administratively close proceedings.

Melissa Martinelli carefully reviews all the options available to her clients, determines the best form of defense from removal, and diligently pursues all forms of relief before the Immigration Court, the Board of Immigration Appeals (BIA), and the United States Courts of Appeals. Attorney Martinelli understands the hardship that families and communities endure when a loved one is placed in removal proceedings and she is dedicated to achieving the best possible outcome.  If you or your loved one has been placed in removal proceedings, please contact us to see how we can help.