Iyer PLLC Can Help Individuals Defend Against a Deportation Proceeding
If you are facing deportation in removal proceedings in immigration court, it can be hard to know where to turn. The team at Iyer PLLC, a Houston-based law, would be delighted to help you in this stressful situation. We understand the difficulties of the immigration process, and our experienced attorney will ensure that you have the best legal counsel possible and will carefully and diligently represent your best interests.
U.S. immigration law is complex, and the deportation process may seem daunting. Proper legal counsel can ensure that you best take advantage of all of the options available to you. Our compassionate and dedicated legal team will diligently and strategically work for your interests in immigration court or on appeal.
What is Deportation?
The United States government defines deportation as the “formal removal of a foreign national from the U.S. for violating an immigration law.” However, an immigrant can have their legal status terminated and can face deportation for the slightest non-conformity with U.S. immigration law, even if unintentional.
Some of the major triggers of deportation are:
- Criminal activity
- Visa violations or overstays
- Entering the country illegally
If you fall into one of these categories or have been accused of the above conduct, you may be subject to termination of status and removal proceeding before a U.S. immigration court.
The Deportation Process
If the government wishes to remove an individual from the country, they must do so with due process. This begins with providing the individual a notice to appear and then engaging in a removal hearing before a U.S. immigration court. It is possible that you may be arrested and detained by Immigration and Customs Enforcement (ICE) during this process.
At the deportation proceeding, the government must argue why the individual should be removed from the United States, and the immigrant is given the opportunity to present any defense they may have to removal (i.e. reasons they should not be deported).
Many noncitizens are eligible for a bond hearing because they are subject to immigration detention while they wait for their immigration case to be processed by the immigration court or the Board of Immigration Appeals. Others are eligible for a so-called Joseph hearing Some noncitizens are even subject to mandatory detention . Iyer PLLC can help you in this stressful time. To obtain relief, the noncitizen must ask DHS or the immigration judge for a custody determination or redetermination. It is important to make your best arguments regarding release as soon as possible because it may become difficult to obtain a second custody redetermination without changed circumstances. And if the immigration judge denies relief, we will also help you on appeal strong bond motion will also set you up for stronger arguments for a habeas corpus action in U.S. district court. Many immigration detainees are eligible for release, release with an ankle monitor, or release on payment of bond.
Some Common Defenses to Deportation Include
- Waivers for criminal activity
- Adjustment of status
- Class-based claim for relief (DACA, U Visas, Special Immigrant Juvenile Status)
- Suppression motions
- Merits challenges to the notice’s charges
If the immigration judge rules that you should be deported, you do have the option to appeal the judgement. However, it is important to note that in the hearing process and in appeal, an immigrant does not have the right to a state-appointed attorney. You should seek legal counsel to give you the best chance at a positive outcome.
If the judge rules in favor of the order of removal, then the immigrant’s country of origin is contacted to see if they will receive them back. If so, arrangements are made to deport the immigrant. If you are deported but believe you have been deported unjustly, you may apply for readmission through form I-212.
Another option for an individual facing deportation is voluntary departure. Under voluntary departure, the immigrant agrees to voluntarily leave the country. While this removes the individual from the country, it provides no bar to readmission or reapplication and is an excellent option for those who may seek readmission into the United States at a later date.
Reach Out to a Lawyer
Our team can help you with your deportation case. As a team of former immigrants, we believe you deserve the best possible representation. We can represent you in your deportation proceedings and explore your options to stay in the United States or achieve another immigration status.
Contact Iyer PLLC today for help with your deportation defense.