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There are numerous grounds for removal from the United States, and equally numerous grounds for relief from removal.
It is very important that each case is reviewed individually, to determine the best possibility for success in relief from removal and deportation. Each alien has the right to a hearing before the Immigration Court, and if this is not successful, he may appeal the case to the Board of Immigration Appeals, and on limited bases to higher courts if desired.
If an alien is in custody of the Immigration Service there is the possibility for a bond hearing before the Immigration Court to allow his release from custody on bond.
The 1996 IIRAIRA added new offenses to the aggravated felon category and changed the definition of the existing aggravated felonies significantly. An aggravated felony now includes defined as certain offenses that have a sentence of one year imposed, even if it is suspended and no jail time at all was served. Additionally IIRAIRA made these changes completely retroactive, as to those convictions included in the aggravated felony definition.
The incredible breadth of these aggravated felony offenses means that an alien faced with possible conviction of a crime which may be considered to be an aggravated felon is in desperate need of the assistance of an experienced Immigration attorney in both pre and post conviction relief.
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