Frequently Asked Questions

A federal indictment means a grand jury has formally charged you with a federal crime. After an indictment, the case generally proceeds to an initial appearance and arraignment, followed by discovery, pretrial motions, plea negotiations, and, when appropriate, trial.

Depending on the circumstances, the court may also determine whether you will remain released or detained while the case is pending. Early representation allows your attorney to evaluate the charges and evidence, identify potential defenses, address detention issues, and begin developing a strategy for the federal case.

After an ICE arrest, a person may be detained and placed in removal proceedings before an Immigration Judge. Depending on the circumstances, they may be eligible to request release on bond, challenge their detention or removal, and pursue available immigration relief.

Because detention cases can move quickly, early legal representation is important to evaluate the person’s immigration history, eligibility for release, potential defenses, and options for remaining in the United States.

A Notice to Appear (NTA) is the charging document DHS uses to initiate removal proceedings in Immigration Court. It contains the government’s allegations against you and the legal grounds under which DHS claims you may be removed from the United States.

An immigration attorney can review the NTA for legal or factual issues, evaluate potential defenses and available relief, and prepare you for proceedings before the Immigration Judge. Do not ignore an NTA or a scheduled hearing—failing to appear may result in a removal order being entered in your absence.

In some circumstances, a closed immigration case or prior removal order may be reopened. Eligibility depends on the case history, the reason for reopening, applicable filing deadlines, and whether an exception to those deadlines applies.

An immigration attorney can review the record, identify potential grounds for reopening, and determine whether a motion to reopen or other legal remedy may be available.

You should consider speaking with a federal criminal defense attorney as soon as you learn that you are under investigation, have been contacted by federal agents, received a target letter or subpoena, or have been arrested or charged. Early representation allows counsel to evaluate the investigation, protect your rights, and begin developing a defense strategy before critical decisions are made.

You generally have the right to remain silent and to speak with an attorney before answering questions. Even if agents tell you that you are not under arrest, statements made during an interview may later be used as evidence.

If you believe you are the subject or target of a federal investigation, consider consulting an attorney before agreeing to an interview or providing a statement.

A detention hearing determines whether a person charged with a federal crime will remain in custody or be released while the case is pending. The court may consider factors including the nature of the charges, criminal history, community ties, risk of flight, and potential danger to the community.

An attorney can present evidence and arguments supporting release and propose conditions designed to address the court's concerns.

Federal criminal cases are prosecuted by the United States government and generally proceed in U.S. District Court. They are governed by federal statutes, procedural rules, and federal sentencing law.

Federal investigations may involve agencies such as the FBI, DEA, HSI, ATF, or other federal authorities and often require a defense strategy specifically tailored to federal court practice.

Before accepting a guilty plea, the federal judge generally conducts a hearing to ensure that the plea is knowing and voluntary and that there is a factual basis for it. The case then typically proceeds to preparation of a Presentence Investigation Report and ultimately sentencing.

Before entering a plea, your attorney should evaluate the evidence, potential defenses, plea agreement, sentencing exposure, and other consequences of the conviction.

Federal sentencing involves several considerations, including the statute of conviction, applicable mandatory minimum or maximum penalties, the U.S. Sentencing Guidelines, the defendant's criminal history, and the sentencing factors established by federal law.

An attorney can challenge disputed guideline calculations, present mitigating evidence, and advocate for a sentence that is appropriate under the circumstances of the case.

Yes. A federal arrest, charge, plea, or conviction can have serious immigration consequences, including potential detention, inadmissibility, deportability, or loss of eligibility for certain immigration benefits.

Attorney Zelene Zaleta practices both federal criminal defense and immigration law, allowing potential immigration consequences to be considered when evaluating the criminal case and available defense strategies.

Possibly. Eligibility for an immigration bond depends on several factors, including immigration history, manner of entry, criminal history, and the legal basis for detention. Some individuals may be subject to mandatory detention or other restrictions on an Immigration Judge's authority to grant bond.

An attorney can evaluate the basis for detention and determine whether a bond hearing, custody challenge, or another avenue for release may be available.

The first hearing is generally a Master Calendar Hearing. The Immigration Judge may address representation by counsel, the allegations and charges in the Notice to Appear, the forms of relief being requested, filing deadlines, and future hearing dates.

An attorney can review the government's charges, identify potential defenses or relief, and represent you throughout the removal proceedings.

Depending on your circumstances, you may have defenses to removal or qualify for relief that allows you to remain in the United States. Potential options vary significantly based on immigration history, family relationships, criminal history, fear of returning to another country, and other individual circumstances.

A complete review of your immigration history is necessary to determine what defenses or forms of relief may be available.

Yes. Certain arrests, charges, and convictions can affect admissibility, deportability, eligibility for immigration benefits, detention, and available relief from removal. The immigration consequences depend on the specific offense, record of conviction, sentence, and immigration status of the individual.

Cases involving criminal history should be evaluated carefully before applications, pleas, or other significant legal decisions are made.

If you fail to appear for a scheduled Immigration Court hearing, the Immigration Judge may order you removed in your absence. This is known as an in absentia removal order.

Depending on why the hearing was missed and the circumstances of the case, it may be possible to ask the Immigration Court to reopen the proceedings.

In some cases, yes. Eligibility depends on factors such as the basis for permanent residence, immigration history, manner of entry, criminal history, and whether USCIS or the Immigration Judge has jurisdiction over the application.

An attorney can determine whether adjustment of status or another form of relief may be available while removal proceedings are pending.

Cancellation of removal is a form of relief that may allow certain individuals in removal proceedings to remain in the United States and obtain or preserve lawful permanent resident status. The eligibility requirements differ depending on whether the person is already a lawful permanent resident.

These cases are highly fact-specific and may involve requirements concerning physical presence or residence, good moral character, criminal history, and hardship to qualifying family members.

Yes. Immigration representation is not limited to clients physically present in the United States. Attorney Zaleta represents clients in immigration matters involving USCIS, the Department of State, and U.S. embassies and consulates in multiple countries.

Depending on the case, representation may include family-based immigration, waivers, consular processing, responses to additional-document requests, and issues that arise during the immigrant visa process.

Consular processing is the process through which an eligible person outside the United States applies for an immigrant visa through a U.S. embassy or consulate abroad. The process generally involves USCIS, the National Visa Center, and the Department of State before the applicant attends a visa interview.

Because prior immigration violations, unlawful presence, criminal history, misrepresentation, and other issues can affect eligibility, potential inadmissibility concerns should be evaluated before the consular interview.

A visa refusal does not always mean that the case is permanently denied. The consular officer may request additional documents, place the application into administrative processing, or determine that the applicant is inadmissible under U.S. immigration law.

The appropriate next step depends on the specific ground cited by the consular officer and may involve submitting additional evidence, addressing an inadmissibility issue, or determining whether a waiver is available.

A waiver may be necessary when an applicant is otherwise eligible for an immigration benefit but is inadmissible to the United States because of certain immigration violations, unlawful presence, fraud or misrepresentation, criminal history, or other grounds.

Waiver eligibility depends on the particular ground of inadmissibility and the applicant's individual circumstances. A careful legal review can determine whether a waiver is required and what must be established for approval.

Yes. Because immigration law is federal, Attorney Zaleta represents clients in immigration matters throughout the United States and, where appropriate, abroad. Representation includes matters before USCIS, Immigration Courts (EOIR), ICE, and U.S. embassies and consulates.