Abogados de Deportation Defense

Deportation Defense Lawyers in the United States

Facing removal proceedings is one of the most stressful experiences a person can go through. A deportation defense lawyer fights to keep you in the country by challenging the government's case or finding relief options you may not know exist. According to data from the Transactional Records Access Clearinghouse, immigrants with legal representation are up to five times more likely to win their cases than those without.

What Deportation Defense Covers

Deportation defense spans a wide range of strategies used in removal proceedings before immigration judges. Lawyers in this area handle cases involving expired visas, criminal convictions, unlawful entry, and asylum denials. They also represent people detained by Immigration and Customs Enforcement (ICE) in bond hearings.

Common forms of relief include cancellation of removal, asylum, withholding of removal, protection under the Convention Against Torture, and adjustment of status. Each form of relief has specific eligibility requirements and evidentiary burdens that must be met.

When to Hire a Deportation Defense Lawyer

• You received a Notice to Appear (NTA) from the Department of Homeland Security
• You or a family member has been detained by ICE and needs a bond hearing
• A prior criminal conviction has triggered removal proceedings against you
• Your asylum application was denied and you need to appeal the decision
• You want to reopen a case where a removal order was issued in your absence

How the Deportation Defense Process Works

The process begins when the government files an NTA with the immigration court. At the first hearing, called a master calendar hearing, the judge explains the charges and asks how you plead. Your lawyer will identify which forms of relief to pursue.

The case then moves to an individual merits hearing, where evidence is presented, witnesses testify, and both sides make arguments. If the judge denies relief, you can appeal to the Board of Immigration Appeals. The entire process can take anywhere from several months to over four years depending on the court's backlog.

How Outcomes Are Determined in Deportation Cases

• Cancellation of removal for lawful permanent residents requires proof of at least seven years of continuous residence and no aggravated felony convictions
• Non-permanent residents must show ten years of continuous physical presence, good moral character, and that removal would cause exceptional hardship to a qualifying U.S. citizen or permanent resident relative
• Asylum claims require demonstrating a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group
• Bond amounts typically range from $1,500 to $25,000, based on flight risk and danger to the community
• Voluntary departure may be granted as an alternative, allowing the person to leave without a formal removal order on their record

Frequently Asked Questions

Can I work while my deportation case is pending?

It depends on your current immigration status. Some respondents in removal proceedings can apply for employment authorization, particularly asylum seekers who have waited 180 days after filing. Your lawyer can determine whether you qualify.

What happens if I miss my immigration court hearing?

The judge will likely issue an in absentia removal order, meaning you'll be ordered deported without being present. You may be able to reopen the case if you can show exceptional circumstances prevented your attendance, such as a medical emergency or lack of proper notice.