How A Deportation Defense Attorney Challenges Removal

The pain of deportation tearing families apart is truly heart-wrenching. If you face removal from the U.S., you must understand the process and how to fight it. Knowing your rights and legal options can mean the difference between staying in the country and being forced to leave.

This article outlines what removal proceedings entail and the steps to take if you’re facing deportation. Discover the key defenses you can employ and learn how a deportation defense attorney builds a strong case to improve your chances of staying in the U.S.

An Overview Of Removal Proceedings

Removal proceedings are the formal process of deporting an individual from the United States. Both documented and undocumented immigrants may face these proceedings, making it essential to understand the gravity of the situation.

Several factors can trigger removal, such as overstaying a visa, violating immigration status, or certain criminal convictions. The Department of Homeland Security (DHS) begins the process by issuing a Notice to Appear (NTA) that outlines the reasons for your deportation.

Removal proceedings require your appearance in court and allow you to exercise your rights. These include the right to a fair hearing, the ability to present evidence, and the option to appeal the decision if necessary. Having legal support from the beginning sets your case on the right path.

Immediate Steps To Take On Deportation

Taking the proper steps early on can significantly influence your case’s chances when threatened by removal. Fear and hopelessness may set in, but your initial efforts can help you control the situation and protect your ability to stay in the U.S.

• Seek Legal Assistance: Make hiring an experienced deportation defense attorney your top priority. A deportation defense attorney will assess your situation, explain your rights, and help you understand your options. They can also represent you in deportation or removal proceedings.
• Stay Calm & Organized: Gather all relevant documents, such as immigration records and criminal history. Having everything in one place helps your attorney build a strong defense.
• Understand The Charges Against You: Carefully review your NTA to understand why removal is being pursued. It allows you and your lawyer to plan a robust strategy.

With your future at stake, relying on chance is not practical. Seeking legal assistance allows you to explore the defenses available to fight deportation.

Possible Legal Defenses To Removal

A solid defense to removal cases often lies in knowing the available legal options. Deportation attorneys evaluate each situation carefully to determine which forms of relief can give you a better fighting chance to remain in the country.

Cancellation Of Removal

Cancellation of Removal offers immigration relief that helps lawful permanent residents (LPRs) and non-permanent residents avoid deportation. This process allows Green Card holders to keep their permanent resident status while enabling non-permanent residents to adjust their status to that of an LPR.

Non-permanent residents must prove eligibility by demonstrating at least 10 years of continuous physical presence in the U.S. They must also show good moral character and have no convictions for certain criminal offenses. Additionally, they must establish that their removal would cause extreme hardship to a U.S. citizen or lawful permanent resident relative.

LPRs, however, can apply for cancellation if they have held their status for at least five years and continuously resided in the U.S. for a minimum of seven years. They must also prove they have no conviction record of aggravated felonies. A judge considers factors such as rehabilitation and contributions to society when deciding.

Adjustment Of Status

Adjustment of Status provides undocumented immigrants in removal proceedings a pathway to a Green Card through a U.S. citizen or an LPR relative. Some individuals only realize they qualify when facing an immigration issue or after a recent marriage, which opens up avenues for adjustment.

Additionally, an employment-based petition can facilitate status adjustment if the timing is favorable. It can typically occur when the employer files a petition while the individual maintains valid status, and the worker’s priority date becomes current.

Asylum & Withholding Of Removal

Asylum and withholding of removal provide humanitarian relief to individuals who fear persecution if they return to their home country. It offers a path to permanent residency after one year and allows certain family members to apply.

Withholding of removal is similar but generally more challenging to obtain. Applicants must meet a higher burden of proof, showing it is “more likely than not” that they would face persecution if deported. While withholding of removal prevents deportation, it doesn’t lead to permanent residency or the same benefits as asylum.

Prosecutorial Discretion

Prosecutorial discretion allows immigration officials to decide whether to enforce immigration laws in specific cases. This authority can delay or stop deportation proceedings. Deportation defense attorneys can advocate for this discretion, helping their clients secure relief and gain time to explore other legal options.

Immigration officials evaluate each request for prosecutorial discretion on a case-by-case basis. Factors influencing a favorable outcome include the individual’s immigration history, criminal record, and contributions to the community.

Suspension Of Deportation

Suspension of deportation offers relief to qualifying immigrants under the Nicaraguan Adjustment and Central American Relief Act (NACARA). NACARA protects asylees from El Salvador, Guatemala, Cuba, and former Soviet bloc countries who entered the U.S. before 1991 and applied for asylum promptly.

To qualify for this relief, applicants must demonstrate continuous physical presence in the U.S. for at least seven years. They must also prove good moral character and show that deportation would cause extreme hardship to themselves, and a U.S. citizen or an LPR relative.

Registry

Although not widely recognized, a registry option exists for individuals who have lived continuously in the U.S. since before January 1, 1972. To qualify, applicants must show good moral character and prove they are not deportable due to specific criminal or security reasons.

This defense applies to a small group but can lead to permanent residency if approved. The availability of defenses varies by case, and each requires strong evidence. While understanding these legal protections is essential, successfully presenting them in court is equally vital.

The Process Of Fighting A Removal Order

The removal proceedings offer you a chance to present your case and challenge the attempt to deport you. Understanding how the process unfolds can help you better prepare and make informed decisions. Here is an overview of the core steps in removal proceedings.

Notice To Appear

Immigration and Customs Enforcement (ICE) initiates the process by issuing a Notice to Appear (NTA). This document charges you with being removable from the U.S. and outlines the reasons, such as visa violations or criminal activity. After filing the NTA with the immigration court, you must attend all scheduled hearings.

Master Calendar Hearing

The master calendar hearing marks your first court appearance. During this hearing, the immigration judge addresses procedural issues, confirms the charges in the NTA, and asks if you plan to contest the removal. The judge also inquires about any relief you may seek, such as asylum or cancellation of removal.

Merits Hearing

In the merits hearing, both sides present their cases. ICE submits evidence supporting removal while your defense attorney argues for your right to remain in the U.S. Each side introduces evidence, calls witnesses, and makes legal arguments. The judge evaluates the information presented and decides based on the facts and immigration law.

Court Order

After the merits hearing, the judge issues a court order. If the decision grants relief, you can stay in the U.S. and adjust your immigration status. If the judge orders removal, you must leave the country, but you can still appeal the decision to higher courts.

Legal guidance can protect your interests throughout the process. With in-depth knowledge of immigration regulations, skilled deportation lawyers can improve your chances of success.

Immigration Attorney Helps You Stay In The U.S.

Deportation cases call for the much-needed support of an experienced removal defense lawyer. Immigration law can be complex, especially for those with undocumented status, and a skilled attorney can clarify the path forward in several ways.

• Assessment Of Legal Options: Lawyers evaluate your situation, including immigration history and current legal status, to identify proper defenses. They assess the charges in the NTA and determine eligibility for relief options.
• Filing Applications & Motions: Immigration attorneys prepare and submit necessary paperwork for legal relief, including waivers, appeals, or stays of removal, ensuring all forms are correctly completed and submitted on time.
• Representation In Immigration Court: Seasoned lawyers effectively represent you in immigration court, advocating during hearings by presenting evidence, examining witnesses, and making compelling legal arguments.
• Negotiating With Authorities: Attorneys negotiate with immigration officials for prosecutorial discretion and other beneficial relief. It might include demonstrating strong community ties or other compelling reasons to remain in the U.S.
• Appeals & Post-Removal Relief: If a deportation order is issued, lawyers assist with appeals to higher courts and advise on post-removal relief options, such as reapplying for status or exploring future immigration benefits.

A dedicated deportation defense attorney acts as a powerful advocate, emphasizing the importance of choosing your professional ally wisely. A complex immigration process only deserves a reliable legal partner.

Lincoln-Goldfinch Law Fights For You

In the battle against deportation, a strong legal team makes a significant impact. Lincoln-Goldfinch Law recognizes that each case tells a unique story and carries hopes for a stable future. We remain committed to protecting immigrants’ rights and keeping families united in Texas and beyond.

Our attorneys have extensive experience navigating complex removal cases and understand the nuances of immigration policies. We take the time to assess your specific circumstances and provide customized strategies. Moreover, we build a defense that showcases your case’s unique strengths, such as family ties or contributions to your community.

We believe in a compassionate and collaborative approach, keeping you informed and involved at every stage. If you or a loved one faces deportation risks, we stand ready to explore your options and begin building a path to a secure future in the U.S.

Summary

Navigating removal proceedings requires careful planning, timely action, and a clear understanding of your options. Defenses such as cancellation of removal, asylum, and prosecutorial discretion provide opportunities to challenge deportation. However, these defenses require a strong case and thorough preparation, which only qualified legal support can offer.

Partnering with a skilled deportation defense attorney significantly improves your chances of remaining in the U.S. Lincoln-Goldfinch Law is committed to helping you protect your rights and navigate every stage of the process. We assist you in taking action and building a well-supported defense.