Deportation Defense Lawyer

Deportation Defense Attorney

If you or a loved one is in deportation proceedings, you do not want to handle the process on your own. Many immigrants facing deportation are detained and unable to reach an attorney.

At Fresh Start Immigration Law, our associated deportation defense lawyers understand how the deportation process works and can represent you in immigration court and defend you and your loved ones against unfair deportation. Contact us today to learn more.

When Should I Call a Deportation Defense Lawyer?

Deportation proceedings are complicated and time-sensitive. Contact a deportation defense attorney as soon as you receive notification that you are facing deportation. if you or a loved one are detained by U.S. Immigration and Customs Enforcement (ICE) or other authorities, Fresh Start Immigration Law’s associated deportation defense attorneys can provide critical legal assistance to help you navigate the process smoothly.

Reasons for Deportation Proceedings

Deportation typically arises when an immigrant or foreign visitor violates certain legal obligations. Common reasons for deportation proceedings include:

  • Felony or misdemeanor criminal convictions
  • Aggravated felony convictions
  • Violations of visa, like working without proper authorization
  • Visa or green card expirations
  • Immigration fraud
  • Final Order of Removal
  • Failure to exit the country after a grant of voluntary departure
  • National security or terrorism-related offenses

Fresh Start Immigration Law can help you understand the reasons you are being removed and determine how best to defend you in deportation proceedings.

Deportation Defense for DACA Recipients

Deferred Action for Childhood Arrivals (DACA) is a federal immigration policy that allows people who came to the U.S. as children to defer deportation proceedings. Participants in the DACA program, also known as Dreamers, may be granted deferred status for two years.

A deportation defense attorney associated with Fresh Start Immigration Law can help you create a plan to fight any unfair removal actions or deportation proceedings, should they occur.

Deportation Defense for Work Visa Violation

Deportation proceedings may begin if an non-citizen worker has their visa revoked, cancelled, or denied. Visa violations may include fraudulent representations, unauthorized employment, criminal activity, or other status violations.

Visa workers facing removal proceedings can benefit from working with a deportation defense attorney. Fresh Start Immigration Law’s associates assist with visa violation claims and deportation proceedings.

Deportation Removal Process and Timeline

The deportation removal process typically begins when you receive a Notice to Appear (NTA) before an immigration court issued by the Department of Homeland Security (DHS).

Typically, you have at least 10 days between receiving the NTA and your initial immigration court hearing, per INA § 239(b)(1).

However, if you are detained by ICE before receiving an NTA, they cannot hold you indefinitely.

Bond Hearing

Depending on the circumstances of your immigration case, you may have a bond hearing. During the bond hearing, the immigration judge evaluates your case and decides whether you can be released from ICE detention on bond.

You benefit from having a deportation defense immigration lawyer present to defend your rights. Our associated deportation defense attorneys can create a case to help you avoid deportation and attempt to convince the judge to release you on parole while you await further proceedings.

Master Calendar Hearings and Individual Merit Hearings

During the Master Calendar Hearing, you can deny or admit your charges, verify details on your NTA and other details. The judge will work on determining a schedule for your case, informing you of your rights, consequences of missing hearings, and discuss the reasons you are in court. An immigration lawyer can guide you through the immigration process during this stage.  

The Individual Hearing is the hearing that allows you to tell your story. Your lawyer will use this hearing to present documentation and evidence in support of your claim for relief from deportation. A DHS attorney will be present to cross-examine you and any witnesses. The judge will review the evidence and determine whether to uphold, suspend, or cancel deportation proceedings.

Our associated deportation defense attorneys are familiar with the removal process. Fresh Start Immigration Law can help you understand your legal rights and help you build a solid defense against deportation actions.

Defenses to Deportation

If the immigration judge rules to move forward with deportation, you may be able to submit a petition to the Board of Immigration Appeals for relief from removal. You must file this petition within 30 days of receiving the order for removal. Immigration attorney deportation defenses vary depending on the circumstances surrounding your case.

Forms of relief available to individuals facing deportation include:

  • Cancelation of removal
  • Granting asylum
  • Withholding of deportation
  • Status adjustment
  • Suspension of deportation
  • Waiver of deportability
  • Legalization and registry
  • Board of Immigration appeals
  • Voluntary departure

Fresh Start Immigration Law’s associated deportation defense lawyers can help you determine which forms of relief may be available and submit the appropriate application.

How Deportation Defense Litigation Works

If you have a family member or loved one detained by ICE, a deportation defense lawyer offers critical support with locating and defending them against removal from the U.S.

A deportation defense attorney works to prevent your deportation or removal from the U.S. A legal representative familiar with immigration processes can file an application for immigration benefits or relief from deportation proceedings. Since deportation processes are often complex, you benefit from working with a knowledgeable immigration attorney. During hearings, your deportation attorney can skillfully defend your rights against the U.S. government and its representatives. They can also help you avoid losing existing immigration documentation like work permits and Green Cards.

Fresh Start Immigration Law works with lawyers who can help you file appeals, requests, and motions and defend you against deportation allegations. All you need to do is call for a consultation.

Deportation Defense Frequently Asked Questions

Deportation proceedings can be confusing and complicated. Below are some of the most frequently asked questions we hear from our clients:

What Criminal Charges May Lead to Deportation Proceedings?

An immigrant may be deported if they engage in crimes of moral turpitude or aggravated felonies. An immigration lawyer can help review your case to see if these apply to you.

Is Denial of Asylum an Automatic Order of Deportation?

If you are denied asylum, you can appeal the decision within 16 days, but if you miss the deadline to appeal, you are subject to deportation.

Can I Hire a Deportation Defense Lawyer?

Yes, you have a right to hire a deportation defense lawyer for immigration and deportation proceedings.

Learn How a Deportation Defense Attorney Can Help

Defending yourself against removal proceedings can be a complex process. If you or a loved one have been detained by ICE or received a Notice to Appear, you may benefit from having deportation defense immigration lawyer on your side.

Fresh Start Immigration Law’s associated deportation defense attorneys understand how the deportation process works. They can help you navigate immigration proceedings, build a solid defense, and submit an appeal if you receive an order of deportation. Contact Fresh Start Immigration Law today.

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