513-407-3050
About The Law Office Of Kevin Mart
What We Do
At the Law Office of Kevin Mart, we take pride in providing expert guidance on complex legal issues related to immigration court and deportation cases. No matter the complexity of your immigration court matter, H. Kevin Mart has the knowledge, experience, and dedication to fight for you.
Practice Areas
Deportation And Removal
Deportation and Removal defense is a critical area of immigration law which requires an attorney with knowledge and experience in immigration court. Individuals are threatened with being ordered removed and deported from the United States and the stakes for these individuals and their families could not be higher. Removal proceedings affect the ability of persons to remain in the United States. Common causes for deportation include illegal entry into the United States, visa overstay, criminal convictions, asylum referrals and immigration fraud. There are several legal paths to prevent removal which need to be reviewed for possible eligibility including but not limited to applications for asylum, withholding of removal, cancellation of removal, adjustment of status and voluntary departure. Attorney Kevin Mart has over fifteen years in private immigration practice representing hundreds of clients in immigration court deportation and removal proceedings. In addition, Attorney Mart has the unique and critical experience of being an immigration judge for fourteen years overseeing deportation and removal cases in many courts in the United States with a thorough understanding of what is expected to be successful in immigration court. A well prepared case is essential in immigration court and must have all the necessary evidence properly prepared and timely filed, well prepared witnesses and strong arguments from the attorney. Attorney Kevin Mart has the experience and skills to handle the most difficult deportation and removal cases.
Asylum
Asylum is a form of protection provided by the U.S. government to individuals who fear returning to their home countries due to persecution they have suffered in the past or they have a well founded fear of future persecution. The persecution must be on account of race, religion, nationality, political opinion or membership in a particular social group. Navigating the asylum process can be difficult and demanding. It is important to follow the rules and deadlines to file. There are two ways to file: (1) Affirmatively before the United States Citizenship Immigration Service (USCIS) if you are not in immigration court and (2) Defensively if you are in immigration court proceedings. There are separate mandatory procedures for each type of asylum filing. Asylum applications are filed on USCIS Form I-589 using the most current version. Recent changes to the law now require a fee for filing asylum initially and each year thereafter that it is pending. The affirmative asylum application is filed with the USCIS and the asylum application must be filed within one year of the applicant's last arrival into the United States to be considered for asylum. The defensive asylum process happens when someone is already in removal proceedings and has been served a Notice to Appear. The government is trying to deport that person. In this case a person can seek relief from removal by requesting and filing an asylum application with the immigration court.
Seeking asylum is a complex and challenging process. Attorney Kevin Mart has extensive experience in both for affirmative and defensive asylum cases.
Appeals
Decisions made by an immigration judge may be appealed to the Board of Immigration Appeals (BIA). The appeal must be filed with the BIA within (30) days from the date of the immigration judge's order. The BIA has jurisdiction over appeals of immigration judge's orders including deportation and removal orders, denial of asylum (other than credible fear and reasonable fear determinations), denial of withholding of removal, reopening of immigration court cases and denial of bond. Successful appeals require knowledge of immigration law and persuasive writing. If you have received a denial from an immigration judge that you wish to discuss your appeal rights, do not delay in scheduling an appointment with Attorney Mart to discuss your options.
Motions To Reopen
If you or someone you know has a deportation or removal order from an immigration judge, a motion to reopen may offer a second chance. A motion to reopen asks the immigration court or in certain situations, the Board of Immigration Appeals, to review a case they have already decided. In essence this motion asks the court to rethink a decision made during removal or deportation proceedings in light of new material information that was not available when the case was decided by the court.
Motions to Reopen can be used if (a) a person never received a notice of their immigration court hearing and were ordered deported or removed in absentia; (b) in cases where new material facts or evidence not available at the time of their court hearing including applying for relief that a person did not qualify for earlier or (c) in asylum and withholding of removal cases where there are material changes in country conditions which happened after the date of a person's hearing. There are strict rules for motions to reopen. They must be filed within 90 days of the final court order.
Attorney Kevin Mart has extensive experience with Motions to Reopen and he will aggressively fight for those who deserve another chance and can help you navigate the process of reopening your case.
About Attorney Kevin Mart
Attorney Kevin Mart was born in Cincinnati and has over 30 years of immigration law experience. Attorney Mart retired as an immigration judge from the federal government in July 2024 and has returned to private immigration law practice. Attorney Kevin Mart was appointed by U.S. Attorney General Eric Holder as an immigration judge in October 2010 and worked at the Miami immigration court from October 2010 through November 2015 where he presided over hundreds of cases involving complex immigration issues including asylum, cancellation of removal, adjustment of status and waivers.
In November 2015 Attorney Mart was appointed as an Assistant Chief Immigration Judge (ACIJ). As an ACIJ Attorney Mart has overseen several immigration courts including the Louisville, Orlando, Atlanta, Baltimore, San Juan, New Orleans, New York-Varick and Memphis immigration courts where he worked with judges and administration to ensure that cases were handled with the highest degree of efficiency, professionalism and fairness. In 2022 Attorney Mart received an EOIR Director's Award for his work with the Pro Bono Steering Committee.
Prior to being appointed as an immigration judge, Attorney Mart worked in private practice as an immigration attorney for fifteen years from 1995 to 2010 in Miami, Florida and Orlando, Florida focusing on removal and deportation defense and all forms of relief including asylum, cancellation of removal, adjustment of status, waivers, motions to reopen and immigration appeals and providing aggressive advocacy on behalf of his clients.
Attorney Mart also served as an Assistant Attorney General for the U.S. Virgin Islands and previously worked with the law firm of Dinsmore in Cincinnati in litigation and in New York City with the law firms of Fried Frank and Brown & Wood. Upon graduation from college he worked for two years with Procter & Gamble prior to entering law school.
Biography
Education
• J.D. Georgetown University Law Center
• Law Review: Editor American Criminal Law Review
• B.A. University Of Dayton
Bar Admissions
• State Of Ohio Bar
• State Of New York Bar
• State Of California Bar
• U.S. Virgin Islands Bar
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Service Areas:
Northern Kentucky And The Greater Cincinnati Area
4240 Airport Road, Suite 113, Cincinnati, OH, 45226
513-407-3050