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With your future at stake in removal proceedings, securing the right deportation defense attorney becomes paramount. The risk of being separated from loved ones and the country you now call home makes it essential to understand your legal options.
This article explores the legal strategies attorneys use to protect you from deportation. Learn about the grounds for removal and the process, helping you navigate your case and build a solid defense.
A Deportation Defense Attorney Fights For You
An experienced deportation attorney is your trusted advocate against removal proceedings. With their deep knowledge of immigration law, they tailor strategies to your unique situation and examine every possible defense. They represent you at hearings and argue your situation to support your right to remain in the United States.
Defense lawyers gather evidence, collect documents proving your eligibility for relief, and find witnesses to build a strong case. Their negotiation skills also come into play when dealing with prosecution attorneys or immigration judges. They aim to reach favorable outcomes, often preventing removal altogether.
By evaluating the specifics of your case, a deportation defense lawyer ensures they explore every legal avenue. Their strategies carefully weigh the grounds for your deportation, giving you a greater chance to continue your life in the United States.
Grounds For Deportation From The U.S.
To prepare a strong defense against deportation, you must understand why immigration authorities seek your removal. This allows you and your attorney to address your case effectively. Here are some grounds for deportation, each requiring a tailored defense strategy.
Violation Of Entry Conditions Or Visa Status
Noncitizens must usually register with U.S. Customs and Border Protection (CBP) when entering the United States. If you entered without meeting the necessary conditions, you could face deportation.
Visa holders may also be subject to removal if they violate its terms. Overstaying, working without authorization, or failing to meet specific Visa conditions can invalidate your right to stay in the country.
Criminal Offenses
Criminal convictions can lead to removal, mainly if classified as crimes involving moral turpitude (CIMT) or aggravated felonies under the immigration code. Domestic abuse, controlled substance, and firearm offenses can similarly jeopardize immigration status.
Immigration law often has broader definitions of these offenses than criminal law, and seemingly simple violations may significantly impact your stay in the country. A minor drug possession conviction may not be a severe criminal offense but can count as an aggravated felony in immigration law or grounds for removal.
Document Fraud
Committing document fraud, such as using false identification or lying on immigration forms, directly endangers your legal standing. This deceitful act undermines the integrity of the immigration process and can trigger a breach of trust and legality.
The consequences of document fraud extend beyond immediate removal risks. You may face criminal liabilities and inadmissibility to the U.S., which could prevent future entry or Visa approval.
Security & Related Grounds
National security and public safety concerns are severe grounds for deportation. This includes any involvement in terrorism, espionage, or activities threatening the protection and well-being of the United States, its Government, and its people.
Public Charge
Noncitizens who become dependent on government assistance, classified as a “public charge,” can be subject to removal. This is based on the belief that you cannot support yourself and will highly rely on public benefits during your stay in the country.
Unlawful Voting
Noncitizens are prohibited from voting in federal, state, or local elections. You may face removal even if you voted mistakenly or believed you were eligible. The law is strict because the right to vote is reserved exclusively for U.S. citizens, whether by birth or naturalization.
Knowing the specific grounds for removal in your case is the first step in mounting a defense. Each ground presents unique challenges, but with the right legal strategy, you can effectively navigate the deportation process.
Overview Of The Deportation Process
Before diving into defense strategies, it’s essential to understand the basics of deportation proceedings. Knowing what to expect at each stage can help you and your attorney develop a solid approach. Here is an overview of how the deportation process works.
Initiation Of Proceedings
Deportation proceedings usually begin when U.S. Immigration and Customs Enforcement (ICE) issues you a Notice to Appear (NTA). This outlines the case against you, including the charges and reasons for your potential removal. The deportation process formally starts when the NTA is filed with the immigration court.
Master Hearing
The master hearing is your first appearance before an immigration judge. This addresses procedural matters, including confirming the charges and whether you intend to contest your deportation. You also need to inform the judge if you plan to apply for relief from removal.
Merits Hearing
The merits hearing is the core of the deportation process, where both sides present their entire case. The government tries to prove your deportability while your attorney argues why you should be allowed to stay. Evidence, testimony, and legal arguments are presented, and the judge decides based on the information provided.
Final Decision & Order
After the merits hearing, the court issues a final decision. If you are ordered removed, you may be required to leave the U.S. immediately or, in some cases, voluntarily. However, if the judge grants relief, such as asylum or cancellation of removal, they will allow you to stay in the country legally.
Appeals & Post-Decision Options
If you receive a removal order, you can appeal the decision to the Board of Immigration Appeals (BIA). If not granted, the removal order becomes final. In some cases, filing a motion to reopen or reconsider can halt the process if new evidence or legal errors emerge.
During deportation proceedings, you have the opportunity to challenge your removal order. With proper legal representation, you can develop a strong defense strategy to fight to remain in the United States. A skilled attorney can help you navigate complex immigration laws and improve your chances of a favorable outcome.
Deportation Defense Attorney Employs Strategies
When facing removal, a skilled defense attorney diligently explores every possible legal strategy. These approaches vary based on the specifics of each case, but here are some of the most common practices lawyers use to fight deportation.
Challenge The Grounds For Deportation
A practical defense involves challenging the grounds for your removal outlined in the NTA. Attorneys scrutinize the government’s case to find weaknesses or errors, such as misinterpreted facts or improper application of immigration laws. The court may dismiss the case entirely if you successfully dispute the charges.
Request Relief From Removal
Another critical strategy is seeking relief from removal through immigration protections like asylum, withholding of removal, or protection under the Convention Against Torture (CAT). For asylum or withholding of removal, your attorney must demonstrate that you face persecution or danger in your home country upon return.
In CAT cases, you must prove a high likelihood of facing torture if deported. These defenses require extensive evidence, including witness statements and country conditions reports, which an attorney presents in court to support the claim.
Seek Prosecutorial Discretion
Prosecutorial discretion allows immigration authorities to decide not to pursue removal in some instances. An attorney can explore this route if you have strong community ties, a clean criminal record, or other favorable factors. While this doesn’t grant legal status, it can result in the case being closed or delayed.
Appeal To Higher Courts
If an immigration judge rules against you, your attorney can appeal to higher courts, such as the BIA or federal courts. They review the judge’s decision for legal errors and present a compelling argument for reversal. Appeals can be time-consuming, but they offer another chance to fight deportation.
By employing these strategies, a deportation defense attorney maximizes your chances of remaining in the United States. Solid legal representation highlights the importance of choosing a proper law firm to handle your case.
Lozano Law Firm Helps You Remain In The U.S.
Lozano Law Firm is a dedicated ally in your fight against deportation, committed to defending your rights at every stage. By leveraging our in-depth knowledge of immigration law, we create solid defenses with personalized strategies tailored to each case.
From consultations to court representation, our dedicated team provides comprehensive legal support to guide you through complex removal proceedings. Our tailored approach prioritizes understanding your situation and developing solutions that address all potential issues.
With up-to-date knowledge of the constantly evolving immigration laws, we aim to make you feel supported and informed throughout your case. Our experienced team works diligently to help you stay with your family in the United States.
Summary
A solid defense strategy can help you navigate removal proceedings based on specific grounds. With a deportation defense attorney, you can challenge the grounds for removal, seek relief, or seek prosecutorial discretion. From the initial Notice to Appear to the final court decision, a lawyer builds a strong case and represents you throughout every step.
Lozano Law Firm provides dedicated support during these challenging times. We use personalized strategies to protect your right to remain in the United States. With our client-focused approach and extensive experience, we give you a solid chance to fight against removal.
