Representing and advocating for immigrants facing deportation from the United States.
Deportation defense cases involve legal proceedings in which individuals facing removal or deportation from a country seek to prevent or delay their removal. These cases often require individuals to assert their rights and present legal arguments to challenge the deportation order. Here are some key aspects of deportation defense cases:
Reasons for Deportation:
1. Immigration Violations: Individuals may face deportation due to various immigration violations, such as overstaying a visa, entering the country without authorization, or violating the terms of their visa or status.
2. Criminal Convictions: Criminal convictions, particularly for certain offenses, can lead to deportation. Immigration authorities may initiate removal proceedings against non-citizens who have committed crimes, including drug offenses, crimes of moral turpitude, or aggravated felonies.
3. Status Revocation: Individuals who obtained legal status through fraudulent means or who lose their status for other reasons may be subject to deportation.
Deportation Defense Strategies:
1. Cancellation of Removal: Some individuals may be eligible to apply for cancellation of removal, a form of relief from deportation available to both lawful permanent residents (green card holders) and non-permanent residents. This relief is granted based on factors such as the length of residency, family ties, and good moral character.
2. Asylum and Withholding of Removal: Individuals who fear persecution in their home country due to their race, religion, nationality, political beliefs, or membership in a particular social group may be eligible to apply for asylum or withholding of removal, which can provide protection from deportation.
3. Adjustment of Status: In some cases, individuals may be eligible to adjust their immigration status to that of a lawful permanent resident if they have an eligible family member or employer willing to sponsor them.
4. Prosecutorial Discretion: Immigration authorities have prosecutorial discretion, which allows them to exercise discretion in pursuing removal cases. They may choose not to pursue removal in certain cases, especially when it involves individuals with strong community ties, family in the United States, or other compelling factors.
5. Defense Against Criminal Charges: Individuals facing deportation due to criminal convictions may challenge the charges or seek post-conviction relief, such as expungement or vacating the conviction, to mitigate the immigration consequences.
6. Waivers: Some individuals may be eligible for waivers of certain inadmissibility grounds or unlawful presence, allowing them to overcome certain barriers to obtaining legal status or preventing deportation.
7. Appeals: If an immigration judge issues a deportation order, individuals have the right to appeal the decision to the Board of Immigration Appeals (BIA) and, in some cases, to federal courts.
Legal Representation: Deportation defense cases can be complex, and individuals facing removal are strongly encouraged to seek legal representation from experienced immigration attorneys. These attorneys can assess the specific circumstances, explore available relief options, and represent clients in court proceedings.
It's important to note that deportation defense cases can vary greatly depending on individual circumstances and the specific immigration laws and regulations of the country involved. Legal strategies should be tailored to the unique circumstances of each case, and individuals should consult with immigration attorneys to understand their rights and options in deportation proceedings.