Deportation Lawyer
Facing deportation (also referred to as removal proceedings) can be a stressful and life-altering experience. ARM Lawyers has a dedicated deportation lawyer who understands the complexities of U.S. immigration law and can advocate on your behalf. Whether you’ve received a Notice to Appear (NTA) or are already in proceedings, our firm provides strategic legal defense aimed at protecting your rights and helping you remain in the United States.
Call today or fill out our contact form to schedule a free consultation with our deportation lawyer, Lauren Allu.
Understanding Deportation (Removal) Proceedings
Deportation or removal is the formal process by which the U.S. government orders a non-citizen to leave the country. These proceedings are overseen by Immigration Courts, which are part of the Executive Office for Immigration Review (EOIR) under the U.S. Department of Justice.
Common Reasons for Deportation:
- Criminal Charges or Convictions
- Overstaying a Visa or Violating Visa Terms
- Entering the U.S. Without Authorization
- Fraud or Misrepresentation on Immigration Applications
- National Security Concerns
Our deportation lawyer is equipped to identify potential defenses and remedies that may help you avoid removal.
The Deportation Process
Removal proceedings generally begin when you receive a Notice to Appear (NTA), which outlines the charges against you and the reasons you are considered removable.
- Notice to Appear (NTA):
- Issued by the Department of Homeland Security (DHS).
- States the alleged immigration violations.
- Requires you to appear before an Immigration Judge (IJ).
- Master Calendar Hearing (MCH):
- An initial hearing where you (or your attorney) confirm your identity, receive the charges, and declare your intent to contest or concede removal.
- You may request time to secure legal representation if you haven’t already.
- Individual Hearing (Merits Hearing):
- The formal hearing where you present your defense, evidence, and witnesses.
- The government attorney (representing DHS) also presents evidence against you.
- Immigration Judge’s Decision:
- After hearing both sides, the IJ will issue a ruling: either granting relief or ordering removal.
- Potential Appeals:
- If you receive a removal order, you can usually appeal to the Board of Immigration Appeals (BIA) or potentially to a federal court of appeals, depending on your case.
Our deportation lawyer will guide you through each step, ensuring that you understand your rights and options at every juncture.
Key Forms and Applications in Removal Defense
Depending on your circumstances, your attorney may file various forms and applications to challenge removal or request relief:
- EOIR-26 (Notice of Appeal to the Board of Immigration Appeals):
- Filed if you’re appealing an Immigration Judge’s removal order.
- Form I-589 (Application for Asylum and for Withholding of Removal):
- If you fear persecution in your home country, this form is used to apply for asylum or withholding of removal.
- Form I-601 (Application for Waiver of Grounds of Inadmissibility):
- Used to request forgiveness for certain immigration violations or criminal grounds under specific criteria.
- Form I-212 (Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal):
- Required in some cases if you’ve previously been removed and want to re-enter the U.S. lawfully.
- Form EOIR-42B (Application for Cancellation of Removal for Non-Permanent Residents):
- For certain non-permanent residents who meet the continuous presence requirement and show hardship to qualifying relatives.
- Form EOIR-42A (Application for Cancellation of Removal for Permanent Residents):
- For lawful permanent residents (green card holders) who seek to avoid removal due to certain criminal convictions or other grounds.
Your deportation lawyer will help determine which forms and applications are most relevant to your defense.
Possible Defenses and Relief from Removal
There are numerous strategies that a skilled attorney can employ to prevent deportation:
- Cancellation of Removal:
- For both permanent residents and non-permanent residents who meet specific requirements (e.g., continuous presence, “good moral character,” hardship to qualifying relatives).
- Asylum, Withholding of Removal, or Protection Under the Convention Against Torture (CAT):
- If you fear persecution or torture in your home country.
- Waivers and Pardons (e.g., I-601 Waiver):
- If your removal is based on certain criminal or inadmissibility grounds, you may seek a waiver if you can show strong family ties or hardship.
- Adjustment of Status:
- If you are eligible for a family- or employment-based green card and meet all requirements, you might adjust your status during removal proceedings.
- Voluntary Departure:
- You may request permission to depart voluntarily in lieu of a formal removal order to avoid future bars on re-entry.
Our deportation attorney will analyze your history, gather supporting evidence, and craft a defense strategy that best suits your circumstances.
Deportation Timeline
The timeline for deportation cases can vary widely depending on court backlogs, the complexity of the legal issues, and whether appeals are pursued:
- NTA Issued:
- Once you receive a Notice to Appear, you’ll typically be scheduled for a Master Calendar Hearing.
- Timing for the hearing can range from a few weeks to several months, depending on the court’s docket.
- Hearings:
- Master Calendar Hearing: Usually takes place relatively quickly after the NTA.
- Individual Hearing: Can be months or even years later, based on the immigration court’s workload.
- Appeals to BIA:
- Must generally be filed within 30 days of the IJ’s decision.
- BIA processing times can span several months or longer.
- Federal Court Appeals (if available):
- May extend the timeline further if issues of law are raised.
Throughout this process, having an experienced deportation lawyer is crucial to meet deadlines and present a compelling defense.
Appealing a Deportation Order
If an Immigration Judge orders your removal, you typically have the right to appeal to the Board of Immigration Appeals (BIA). Key aspects of the appeals process include:
- Filing Form EOIR-26: Must be done within the strict 30-day deadline from the IJ’s decision.
- Submitting Legal Briefs and Evidence: Explaining why the IJ’s decision should be overturned or remanded.
- BIA Decision: The BIA may uphold the IJ’s decision, reverse it, or send the case back for further proceedings.
- Further Appeals: In some cases, you may appeal a BIA decision to the federal circuit court with jurisdiction over your case.
Our attorney will handle the legal research, evidence gathering, and brief writing to give you the strongest possible chance on appeal.
How a Deportation Lawyer Can Help
Legal Representation in deportation proceedings can make a crucial difference. Here’s how ARM Lawyers supports you:
- Case Evaluation: We review the NTA and your immigration history to identify potential defenses and strategies.
- Document Preparation and Filing: We handle the proper submission of all forms, evidence, and appeals within deadlines.
- Court Representation: We advocate for you at Master Calendar Hearings, Individual Hearings, and during any appeals before the BIA.
- Strategic Guidance: From exploring relief options like asylum or cancellation of removal to negotiating voluntary departure, we tailor our approach to your specific situation.
- Protecting Your Rights: We ensure you’re treated fairly and that the government meets its burden of proof in removal proceedings.
Contact Our Deportation Lawyer Today
Deportation can separate families, disrupt lives, and have long-lasting consequences. If you’re facing removal or have received a Notice to Appear, ARM Lawyers is here to protect your rights and explore every available avenue to keep you in the United States.
Get Started:
Call us or fill out our online contact form to schedule a consultation with our deportation lawyer. We’ll evaluate your case, discuss your options, and fight tirelessly to safeguard your future in the U.S.
