A Florida Immigration Attorney With Honesty And Transparency

Representing Immigrants In Deportation Cases

Deportation is every immigrant’s worst nightmare. There isn’t a more awful feeling than when the country you call home wants to send you back to a place you may no longer identify with.

No matter the reason for deportation, can help you defend against deportation. That way, you can continue living the American dream you worked so hard to achieve.

What It Can Mean To Face Deportation

The Immigration and Naturalization Act (INA) mandates the removal of immigrants who are present in the United States in violation of immigration laws. The removal of immigrants is conducted through immigration court proceedings called “removal proceedings.” Hence, before the immigration reform in 1997, these proceedings were called “deportation proceedings.” Whether an immigrant is in removal or deportation proceedings depends on when the immigration case against that immigrant commenced. If proceedings began before 1997, they are called “deportation proceedings.”

If they commenced after 1997, they are called “removal proceedings.” Any immigrant may be subject to removal or deportation proceedings. This means an immigrant without status and even an immigrant already admitted as a lawful permanent resident.

What Can Lead To Someone Getting Deported?

INA lists six major categories of immigrants subject to removal. Within these categories, however, some subcategories also subject immigrants to removal proceedings. This article does not include information about the subcategories due to space problems. The six major categories that make an immigrant removable are immigrants who:

  1. Were inadmissible at the time of entry or adjustment of status or have violated status
  2. Have committed criminal offenses
  3. Have failed to register or falsified documents
  4. Are subject to security or related grounds
  5. Have become a public charge
  6. Voted unlawfully

If Immigration and Customs Enforcement (ICE) detects an immigrant within one of the above categories or subcategories, they will issue a Notice to Appear (NTA). The NTA is the charging document that refers the immigrant to removal proceedings and the immigration judge. The NTA also lists why the immigrant is subject to removal proceedings.

Why You Need A Lawyer For Removal Proceedings

Normally, the immigrant in removal proceedings must attend two hearings: a master calendar hearing and an individual hearing. An attorney may represent an immigrant during removal proceedings. Hiring an immigration attorney to represent you in these proceedings is advisable because they require knowledge of technical and complex legal issues and procedural rules. If you do not attend these hearings, the immigration judge may order you to be removed or deported in absentia. This is without being present.

Understanding Your Deportation Defense Options

The immigrant’s defense in removal proceedings is called “relief.” During the master calendar hearing, the immigrant would present their relief from removal according to what is available within INA. An immigrant may have more than one relief or no relief available. It is precisely here that the advice of an immigration attorney becomes crucial. If the immigrant’s relief is successful, the immigrant is granted that relief and is not removed or deported. If the immigrant’s relief gets denied or no relief is available, the immigration judge orders the immigrant to be removed or deported from the United States. The immigrant or ICE’s attorney may appeal the immigration judge’s decision within 30 days before the Board of Immigration Appeals (BIA).

Fight For To Keep Your Slice Of The American Dream

Arias Villa Lawcan represent you in removal or deportation proceedings. As an experienced immigration attorney, I will review the NTA that ICE issued against you, study the possible relief available and inform you of what INA can offer in your particular case.

If your deportation stems from a criminal charge, I work closely with a criminal law attorney who can help manage the criminal defense portion of your case.

Don’t let your version of the American Dream slip away. Contact our Miami office today at 305-233-3110.