Deportation Defense

Having to face an order of deportation removal can be very stressful. Immigrants or foreign nationals who are at risk of being deported or removed from the United States may need the professional assistance or representation of a deportation defense lawyer.

At Gallardo Immigration Law we have a broad understanding of how the deportation process works. Our lawyers have experience representing people just like you in court

Overview of Deportation & Removal Defense

Law enforcement agencies work hard to deport from the country anyone who has violated an immigration law. Having a deportation defense lawyer on your side can help avoid deportation by employing a number of strategies such as cancellation of removal, obtaining political asylum, adjusting your status to permanent residency, voluntary departure, and getting a pardon or waiver under the Immigration and Nationality Act. At Gallardo Immigration Law we understand your worries and fears and how stressful can be when a loved one is faced with deportation. This is why we believe that having a removal or deportation defense team working on your behalf can help you to better understand the deportation and removal process and assure a successful outcome.

Who can be deported from the USA?

The most likely reasons why a person can be deported or removed from U.S. are criminal convictions and unauthorized presence in the country. The Department of Homeland Security (DHS) can sometimes make mistakes so it’s important to examine the allegations closely with the help of a deportation defense lawyer. There are several situations that can lead to a person being threatened with deportation. Some of the most common ones include:

• Overstating a visa
• An immigration violation or fraud
• Violations at work
• Entering the country illegally
• A final order of removal or deportation after asylum has been denied
• Failing to leave once a voluntary departure has been granted; or
• Being detained and convicted of a serious crime which including illegal possession of drugs or firearm, domestic violence, etc

What truly constitutes a crime is a problem of endless dispute in federal courts and immigration. With the help of a deportation defense attorney from Gallardo Immigration Law  it’s possible to prove that a particular crime does not fit a specific category claimed by the DHS. A lawyer can help you set forth the circumstances and facts surrounding the arrest or crime.

Removal proceedings: How does it work?

Removal proceedings under United States immigration law help to determine whether the individual should be removed from the country or not. These proceedings are generally conducted in Immigration Court and by an immigration judge.

Removal proceedings start when the government issues a Notice to Appear (NTA). The NTA is then presented to a judge who decides if the person should be removed from the country or otherwise remain in U.S. soil. The NTA has a list of allegations that the government will need to prove about the individual. It also contains a charge of removability. In other words, what the government is trying to say is that as long as they can prove the stated allegations, the judge will have to agree with the removal of the individual from the country.

The NTA will also have a hearing date when you will have to appear in front of the judge. This hearing is called ‘master calendar hearing.’ This brief hearing will only take a few minutes and it will introduce the court to your case and defense. You have the right to either admit or deny the allegations and charges. When you deny the allegations, the government must present evidence to prove their charges.

If there are enough evidences the immigrant or “respondent” will be ordered by the judge to be removed. The immigrant can still apply for relief from removal and convince the judge why he or she should stay in the country. Another hearing will be scheduled where the judge will either grant a relief from removal or order of removal. The respondent can still appeal the judge’s decision. Gallardo Immigration Law will take the time to explain this complex deportation and removal process to you and provide you with the right legal advice.

Is it necessary to hire a Deportation Defense Lawyer?

Many people have a misconception that a judge will always rule in their favor when facing removal or deportation. Immigration court proceedings are generally informal. There is no jury present, the legal language used is not that scripted, and everyone is aware the immigrant may not be familiar with the legal procedures. The immigration judge can be very partial and he or she may not think up legal arguments for you or help you present your case. The judge doesn’t know about circumstances in your case therefore the final decision can be unfair. In other words, if you can’t come up with any good reasons why you shouldn’t be deported chances are you will be removed from U.S. At that time, the judge will advise you to get a deportation defense lawyer to determine whether or not you have any defense against deportation.

Hiring a deportation defense lawyer can help you find out whether any particular circumstances in your life will allow defending your deportation. Immigration laws can be quite complex and hard to understand. A deportation defense lawyer may be able to:

• argue that the charges are false
• prove your citizenship
• show that you qualify for asylum
• ask the judge to grant a green card
• help you with the application for cancellation of removal

Finding a good Deportation Defense Lawyer

Although immigrants are largely not eligible for free legal representation from the U.S. government, immigration lawyers are generally very affordable. A deportation defense lawyer from Gallardo Immigration Law will be able to advise you of all the potential methods that will help you to legally avoid deportation. He or she can also assist you with the detailed procedures of the deportation hearing.

Gallardo Immigration Law has a team of dedicated and experienced immigration attorneys who have been helping a wide range of individuals resolve their complex immigration cases. Regardless of the specific circumstances you are facing, a deportation defense lawyer well versed in immigration law can help you reach your goals and help you understand the deportation and removal process.

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Relief from removal: Avaliable options

Immigrants subject to deportation, exclusion or removal can seek relief or protection through a number of forms of relief which may include:

Asylum: Immigrants can qualify for this only if they meet certain requirements such as a well-founded fear of persecution in the country of origin because of their religion, race, nationality, political opinion or social group.

Adjustment of status: Aliens inspected or paroled may apply to adjust their status to permanent residence. If the removal proceedings already began the application must be made to the judge.

Suspension of deportation: This is similar to cancellation of removal but it’s only granted to individuals who apply under specific Acts.

Voluntary departure: Eligible immigrants can request voluntary departure in order to avoid any limitations or restrictions to reentry. This must be requested during early removal proceedings. If the individual doesn’t depart within the time allowed, he or she can face severe penalties.

It’s important that you seek legal professional assistance from a seasoned Lawyer. A deportation defense lawyer focuses exclusively on the field of immigration law and can provide high-quality legal assistance for your specific case.

Cancellation of Removal

Immigrants who are legal residents and reside in U.S. permanently or non-permanently, and are subject to deportation or removal, may apply for cancellation of removal. This is only possible as long as certain eligibility requirements are met. When relief is granted, the removal order is no longer effective and the alien will become a lawful permanent resident.

The individual can only apply for cancellation of removal when he or she has an open case in removal or deportation proceedings before the Immigration judge in Immigration Court. If the person doesn’t have a date to appear in court, he or she can’t apply for cancellation of removal. If the individual has already appeared in court and the case is close, he or she cannot apply unless the judge is convinced to reopen the case.

Since cancellation of removal is discretionary, even when you meet all the eligibility requirements, the judge could decide that you don’t deserve the approval and that your case can be denied. In order to qualify for cancellation of removal you must show that you have been in the country for at least ten years, show good moral character during this time, have no convictions that could lead to deportation, and have exceptional and extremely uncommon hardship.

 

Questions and Answers about Deportation Defense

Is it possible to defend myself if I’ve been placed into removal proceedings?

Each case can be different and some options for relief from removal may be independent to your prior immigration status. Even individuals who entered the country illegally may be able to defend themselves against removal. However, in such complex cases the legal advice of a deportation defense attorney is highly recommended.

What is the role of a deportation lawyer?

A deportation defense lawyer can either deny the charges of deportation in a contested hearing or seek relief from removal or deportation at an Individual Hearing, or both.

Are there any specific crimes that can get me deported?

Depending on the possible sentence involved, and state statute, there are several crimes that could get you deported which may include:

• Trafficking of illegal substances
• Domestic violence
• Child neglect, abuse, or abandonment
• Statutory rape
• Felony battery
• Prostitution
• Arson
• Purchasing or selling illegal firearms
• DUI, causing severe bodily injuries

How do I know if I have been placed into removal proceedings?

Once a visa is applied for, the petitioner must wait until the USCIS looks over the application and approves of it. Once this is approved, the USCIS will contact you with the following steps and procedures you must follow before an interview done in person with your consulate officer. This means that there is no guarantee on whether or not the USCIS will approve the family based visa request.

What happens if I’m detained by ICE during removal proceedings?

You should evaluate your eligibility for a bond with a Miami deportation defense lawyer immediately. Some criminal convictions can make the immigrant subject to mandatory detention. Some cases involving mandatory detention might qualify for something called “Joseph Hearing” which means the judge will be specifically devoted to deciding if the conviction requires mandatory detention.

What happens if I don’t show up to the removal or deportation hearing?

A person who fails to appear in Immigration court will not benefit from the majority of the immigration forms for up to 4 or 10 years depending if the individual is deportable under certain offenses.

Who is eligible for voluntary departure?

Immigrants who are unlikely to succeed in any defense against deportation or removal from the U.S. can choose voluntary departure. This will at least allow them to leave on their own with fewer consequences for any future immigration chances.

What happens if I don’t leave U.S.?

Overlooking an order of voluntary departure can lead to the same penalties as an order of removal. Failure to leave the country within the period granted can carry severe consequences such as a $5,000 monetary fine, and the individual is also barred for ten years from being granted any form of relief.

Advocating for Clients Facing Removal

Allow us to build a strong deportation defense strategy for your case.

 

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