Deportation and Removal Defense

Today in the United States immigration enforcement is at an all-time high. Any person who is not a US Citizen may be deported from the United States if he or she is found to have violated criminal or immigration laws. Immigration judges have the authority to order deportation for a variety of reasons. Non-US Citizens who receive a jail sentence greater than one year can be deported and potentially barred from entering the United States permanently. If you, or a loved one, is facing deportation or removal from the United States – you must act quickly. Removal proceedings are highly stressful and complex. Hiring experienced legal representation should be your first step to protect your rights.

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The formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deportability. Now called Removal, this function is managed by U.S. Immigration and Customs Enforcement.

Relief and Defense:

The Law Firm of Maria H. Barrett can represent and advocate on your behalf if you, or a loved one, are facing deportation from the United States. Legal representation is the single most important factor in determining whether someone will win or lose their case. Defense against deportation and removal can be complex and each case is unique. Typically there are two general avenues that can be taken.

First, the case can be argued that the alien is not removable as charged. This defense is essentially an attempt to demonstrate that the U.S. government placed you in removal proceedings incorrectly. It is wise to deny allegations and contest any charges of removability. As long as you do not concede charges of removability, the burden of proof remains with the Department of Homeland Security.

The second avenue of defense is to seek a form of relief. Relief comes in many forms to include adjustment of status, asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal persons who are not lawful permanent residents, cancellation under the Violence Against Women Act, voluntary departure, deferred action and prosecutorial discretion. Determining the right defense is critical to the process. The correct course of action will vary substantially from case to case and for this reason you should seek experienced legal representation immediately if you face criminal or immigration proceedings. Our office is experienced in immigration defense and we are standing by to help. Contact us today.