Deportation and Removal Defense

Any person who is not a U.S. citizen may be deported from the United States if she or he is found to have violated immigration or criminal laws. Deportation from the United States is the harshest punishment you could suffer for violating United States immigration laws and criminal laws and an individual’s most important rights are in jeopardy in these proceedings.

Deportation Process

Deportation (also called “removal”) starts when U.S. Immigration and Customs Enforcement issues a Notice to Appear to a noncitizen. The Notice to Appear, containing the reasons for deportation or removal, is filed with the immigration court as well.

If you are a noncitizen who receives a Notice to Appear, the immigration judge will ask you if you are ready to proceed with the case at the first hearing, or if you need time to obtain the services of a deportation defense lawyer. Because these proceedings are complicated and may have dire consequences, it is better to find a knowledgeable immigration attorney to help you rather than try to represent yourself.

After an attorney is either secured or you have chosen to proceed without legal assistance, you will appear at another hearing at which you will be asked about information in the Notice to Appear. If the judge determines that the information in the Notice to Appear is true and you may be deported, you may then apply for a form of relief from the deportation.

Which offenses Can Result In Deportation/ Removal?

There are a number of circumstances that could lead to an individual being placed in deportation or removal proceedings. The most common reasons immigrants are placed in deportation or removal proceedings are:

Illegal entry into the United States;

  • Improper re-entry into the United States;

  • Expired visas;

  • Criminal convictions and 

  • Referral from the asylum office after unsuccessful application for asylum

  • Other immigration offenses such as unlawful employment and immigration fraud.

How can I Stop Deportation?

If you are subject to deportation or removal, depending on the specific facts of your case, you may be eligible for relief from deportation in forms of waivers of deportation or other forms of discretionary and/or mandatory relief. Some of these forms of deportation relief include but are not limited to:

Cancellation of deportation or removal (for green card holders and non-green card holders)

  • Waivers under former INA § 212(c) (only a narrow class of people are eligible for this)

  • Waivers under INA § 212(h) and INA § 212(i)

  • Suspension of deportation (virtually eliminated but still available to few)

  • Voluntary departure

  • Adjustment of Status

  • Asylum, Withholding of removal, and protection under Article 3 of United Nations Convention Against Torture

There are strict parameters to meet in all of these removal defenses and therefore it is critical to have a competent immigration attorney by your side in your proceedings. At the Law Office of Raemi L. Neils we are compassionate and understand the worries, fears, and stress individuals may experience when faced with deportation or removal from the United States. We do our best to work with the individual and their families to cope with these fears. We are dedicated to fighting your removal from the United States by assisting you in filing the appropriate applications, obtaining necessary documentary evidence, preparing you and your witnesses to testify, and representing you before the immigration court if necessary.  Call the Law Office of Raemi L. Neils today at (415) 399-9490 to schedule a consultation with an experienced, compassionate immigration law attorney.