Deportation refers to removing a foreign national from the country due to a violation of immigration law. Once immigration authorities move on to deportation, having a legal defense is essential to preventing this or finding legal grounds to appeal the decision. Removal defense in El Paso is about advocating and representing immigrants that might be facing deportation from the United States.
How does the process work? And what should you know about deportation defense?
How Does the Deportation Process Work?
When the U.S. government learns that an individual entered the country illegally or has broken immigration law by overstaying a visa, it can initiate removal proceedings. There is a legal process involved that requires the government to prove that deportation is necessary and justified. Because of this process, a person facing deportation has the opportunity to fight the attempt to remove them from the country. The removal process must go through several steps before immigration authorities finalize it.
The process in a nutshell:
- Notice to appear: Generally, a deportation case will begin with immigration authorities issuing a Notice to Appear. This document informs the person of the basis for deportation and contains basic details of the person in question including the name and country of origin. The document schedules a hearing in front of an immigration judge.
- 1st hearing: During the first hearing, the judge allows the respondent to proceed or to find an attorney. The judge verifies the information on the Notice to Appear and ensures that everything is accurate and correct. They explain the respondent’s rights and go over the alleged violations. If the respondent in question intends to file for a form of relief, they will let the judge know. The judge then sets an individual hearing.
- Individual hearing: In this hearing, the accused can testify or present documents or witnesses that support their case. The judge then makes a decision. The accused has an opportunity to appeal the decision.
If the judge orders the deportation to continue, the immigrant can ask for a Voluntary Departure, which is an agreement that the person will leave the country voluntarily. This agreement can help the person avoid penalties and, in some instances, avoid bars for reentry.
What Types of Defenses are Possible Against Deportation?
When a person faces deportation charges, they can defend their case. Common forms of protection include:
- Asylum: If the person can prove persecution in their country of origin, they might be eligible for asylum status.
- Waivers: These waivers are a form of permission that people request to remain in the country. It is a way to apply for lawful readmission.
- Cancellation of removal for non-permanent residents: To achieve cancellation on these grounds, the person needs to prove they have been in the U.S. for at least ten years, have no criminal record, and are related to or married to a U.S. citizen.
- Withholding of removal: This might be a way to delay deportation.
- Adjustment of status: If the accused is married to or related to a U.S. citizen, they might be able to apply for adjustment of status.
The accused has the opportunity to prove persecution due to religious or social reasons, continued residency, and even good moral character and a clean criminal record. All of these avenues can help people mount their defense.
Why Do You Need an El Paso Immigration Lawyer for Removal Defense?
The process can be intimidating for someone unfamiliar with immigration proceedings or the language. Having an immigration lawyer is essential to help your case. These cases are a matter of federal law, so an attorney can help you fight.
An attorney can help you by:
- Understanding the immigration process and what to expect. Sometimes simply knowing how the process works can help people navigate the process more effectively.
- Filing the proper documentation or providing the essential documents when needed. In order to prove a case, there will be necessary documents or evidence.
- Mounting a good defense on your behalf. A lawyer will advise you on the best defense and the best course of action.
- Using common types of relief forms and gathering the necessary documentation needed.
- Representing you in hearings and in front of the judge. Facing an immigration judge can be intimidating, but having an attorney means someone who understands the law is standing on your behalf.
Find the Right Immigration Attorney For Your Deportation Defense
If you or someone you know is facing deportation charges, you should speak to an attorney. Not only can they help guide you to the best course of action, but they can inform you of your options based on your circumstances.
Are you dealing with an El Paso immigration case? Call Cynthia Lopez in El Paso. We fight for your rights!