Deportation

If you are facing deportation from the United States, there are steps you can take to mount a successful defense. Below is a look at some of the reasons that noncitizens are commonly ordered to be removed by immigration officials, along with five common deportation defenses that may allow you to remain in the country.

What is Deportation?

Deportation or removal refers to the forced departure of someone from the United States by immigration officials. Noncitizens who enter the country without documents or who overstay or violate the terms and conditions of their visa can be removed or placed in removal proceedings. Conditional permanent residents may face removal if the condition on which their green card was based no longer applies – such as when a noncitizen with a conditional green card based on marriage gets divorced. Even permanent residents can be removed if they meet certain grounds of deportability, including certain criminal activity, document fraud, marriage fraud, domestic abuse, or drug offenses.

Consult a Deportation Defense Attorney

Depending on your circumstances, you may have been placed in deportation proceedings or you may already have been ordered removed from the country by an immigration judge or officer. Contact a competent immigration attorney with expertise in deportation defense as early in the process as possible. Depending on your situation, there are strategies that an experienced deportation defense attorney can employ. Below is a brief look at some of the common defenses to deportation.

Cancellation of Removal

This form of relief from deportation is available at an immigration judge’s discretion to both non-permanent residents and permanent residents who can prove that they meet certain criteria. Non-permanent residents must show they have been continuously present in the United States for at least 10 years; that they are of good moral character; that they have not been convicted of certain crimes or violated certain laws; and that their removal from the United States would cause “exceptional and extremely unusual hardship” to their U.S. citizen or permanent resident spouse, child or parent.

If you are a legal permanent resident and you wish to employ this defense, the requirements are less stringent. To be eligible, you must show that you have been a lawful permanent resident for at least five years and continuously present in the United States for seven years, and that you have not been convicted of an aggravated felony.

How to Seek Aslyum in the U.S.A.

If you are in removal proceedings, you can request asylum as a defense against removal. To be granted asylum, you must meet certain criteria and show that you fear you will be persecuted if returned to your country of origin or that you were previously persecuted in your country for reasons related to your race, religion, nationality, political opinion or membership in a particular social group. Asylum applications must be filed within a year of last entry into the United States unless “extraordinary circumstances” can be established.

Withholding of Removal

If you are in deportation proceedings, you can also apply for withholding of removal if you can demonstrate that it is “more likely than not” that you will face persecution on a protected ground if you are returned to your country of origin. This is a higher bar than asylum, but unlike asylum, withholding of removal is not subject to a one-year filing deadline and may be available for applicants who have been convicted of certain crimes that might prevent them from being granted asylum.

Convention Against Torture (CAT)

To receive relief under the Convention against Torture defense, you must convince an immigration judge that you would more likely than not be tortured if returned to your country of origin. There are no bars to eligibility for applying for relief under CAT, but torture itself is a high bar, defined as “an extreme form of cruel and inhuman punishment” that causes “severe pain or suffering.”

Voluntary Departure

If you are in removal proceedings and are not eligible for other deportation defenses, your best bet may be to opt for voluntary departure, as it will allow you to avoid the consequences of having a removal order on your record. If you meet certain criteria, you can request permission to voluntarily leave the United States and return to your country of origin, where you can apply for a U.S. visa at a future date.

The federal government may initiate Removal proceedings (deportation) against a non-US citizen for a number of reasons including a criminal conviction, or being simply out of status. A Notice to Appear (NTA) is essentially a summons to appear before an Immigration Judge to determine if a foreign national should be able to continue living in the U.S.

In lieu of actual removal, the subject of the NTA (Respondent) may be able to get a green card, or a work permit, or even a voluntary return to their home country without the severe penalties associated with being deported.

We take time to understand our clients’ personal and legal problems. We strive to be our clients’ passionate and devoted advocates throughout the removal process.

If you or your loved ones have been served with an NTA and would like to speak with a deportation defense attorney, call us. We are here to help!

Navigating As A Deportation Defense Team

Navigating the intricate landscape of immigration law in Los Angeles, California, can be a daunting task for individuals and families facing the prospect of deportation. The complexities of the legal system require a nuanced understanding and expertise that only a seasoned California deportation defense attorney can provide. Here, we explore the crucial role that these legal professionals play and outline compelling reasons why securing their services is not just advisable but essential for those seeking to protect their rights and future in the United States. Bolour / Carl Immigration Group, APC can assist. Reach out to us today to learn more about how we can help you with your case.

Experience In Immigration Law

Legal professionals specializing in this area possess a deep understanding of both federal and state immigration laws. They stay abreast of the ever-evolving legal landscape, including changes in policies, procedures, and enforcement priorities. Their expertise allows them to navigate the legal system effectively, identifying strategies and defenses that are most applicable to your unique situation.

Handling Complex Legal Procedures

The legal processes involved in fighting deportation or removal are complex and require meticulous attention to detail. From filing the right documents within strict deadlines to preparing for court appearances, a skilled Los Angeles deportation defense lawyer will ensure that every step is taken with precision. They are adept at managing the paperwork and procedural requirements, reducing the risk of errors that could jeopardize your case.

Representation In Court

Having a seasoned advocate by your side in court is invaluable. They will represent you in hearings and proceedings, articulate your case clearly, and argue on your behalf. Their ability to present evidence, cross-examine witnesses, and engage with the judiciary is critical in securing a favorable outcome. Their presence ensures that your voice is heard and your rights are vigorously defended.

Strategic Advice And Counseling

Beyond the courtroom, these legal professionals offer strategic advice and counseling. They can help you understand your legal options, the potential outcomes of your case, and the implications of the decisions you make. This guidance is crucial in helping you make informed choices about your future and in planning your next steps with confidence.

Emotional Support And Reassurance

Facing deportation is an emotionally taxing experience. A skilled Los Angeles deportation defense attorney will not only provide legal assistance but also offer support and reassurance throughout this challenging time. Knowing that you have an experienced professional fighting for you can provide a sense of security and peace of mind during a period of uncertainty.

Protection Of Your Rights

One of the most critical roles of these legal professionals is to ensure that your rights are protected. They will vigilantly monitor the proceedings for any violations of your rights and take immediate action if necessary. Their commitment to upholding justice and fairness is paramount in ensuring that you receive a fair hearing.

Reach Out To A Lawyer Today

The stakes in deportation defense are incredibly high, with your ability to remain in the U.S. hanging in the balance. The experience, guidance, and support of a legal professional specializing in immigration law are indispensable in these situations. They not only enhance your chances of a successful outcome but also provide clarity, reassurance, and a path forward during a tumultuous time.

If you or someone you know is facing the threat of deportation, it’s crucial to act swiftly and secure the services of a legal team. Protecting your rights, your future, and your family’s well-being depends on it. Reach out to Bolour / Carl Immigration Group, APC today to schedule a consultation and take the first step towards securing your presence in the United States. Your future deserves the best defense, and we’re here to provide it.

Deportation Defense Lawyer FAQs

Your deportation defense lawyer can help you protect your rights and secure your future – and at Bolour / Carl Immigration Group, APC, we’re ready to use our 29 years of experience in immigration law to walk you through your next steps. Read on to get answers to frequently-asked questions, and contact us today to get started on your case.

What Is The Most Common Reason For Deportation?

The most common reason is overstaying a visa. Many people come to the U.S. legally, but for one reason or another, they remain after their permitted time runs out. Other common reasons include certain criminal charges, especially if they involve drugs or violence. Not showing up for an immigration hearing can also lead to a removal order.

Is It Worth Using An Immigration Lawyer?

Yes. Deportation cases often involve strict deadlines and rules that can be hard to follow without guidance. We’ve seen people miss key steps or submit the wrong forms, which puts them at a big disadvantage. When we take on a case, we review all possible defenses, help gather the right paperwork, and show up to court prepared.

What Happens If I Miss My Immigration Hearing?

Missing a hearing can lead to serious consequences. In most cases, the judge will issue a removal order automatically, even if you weren’t there. That means you could be deported without another chance to explain your case. If you had a good reason for missing it—like a medical emergency or a problem with the notice—it may be possible to ask the court to reopen your case.

What Is A Stay Of Removal And How Does It Work?

A stay of removal is a request to pause deportation. It doesn’t solve the case, but it can buy time while another application is being reviewed or while new evidence is being considered. There are different kinds of stays, and the rules for applying vary depending on your situation. Sometimes it’s done through the court, and other times it’s filed with Immigration and Customs Enforcement.

What Are My Rights If ICE Comes To My House?

You have the right to remain silent. You don’t have to open the door unless ICE has a signed warrant from a judge. Even if they say they have one, you can ask them to slide it under the door or show it through a window. You also have the right to speak with a deportation defense lawyer and to not sign anything until you understand what it means. We always remind people to stay calm, not argue, and contact us or another legal team as soon as possible. Acting fast matters, but so does staying safe.

Contact Us Today

At Bolour / Carl Immigration Group, APC, we help people and families facing removal. We’ve been assisting our clients for 29 years, and our legal experience includes asylum, deportation defense, and citizenship. If you’ve received a notice or had contact with ICE, it’s important to act quickly. Get in touch with our team, and see how a deportation defense lawyer can protect your rights.