For anyone living in the United States, one of the most trying events is deportation and the removal process. Knowing your rights and alternatives is crucial whether you or a loved one are about to be removed. Knowing how to fight removal proceedings and understanding the process and accessible defenses help you guard your future.
This guide offers Los Angeles, California, residents important knowledge about removal procedures, possible defenses, and case preparation strategies. Keeping up with news on deportation and removal from the United States might also help you understand policy changes that might impact your circumstances.
In this blog, we'll explore:
What Are Deportation and Removal Proceedings?
The legal process known as deportation, sometimes referred to as removal, is used by the U.S. government to try to have someone who broke immigration laws expelled. Immigration court oversees removal processes, which comprise several phases including evidence review and hearings.
Common Reasons for Removal Proceedings
Among the most common reasons people find themselves removed are:
- Coming into the United States without appropriate paperwork.
- overstaying a visa.
- Committing crimes including drug-related offenses, theft, or fraud.
- Violating the terms of a green card or visa.
If you are facing removal, knowing how to fight removal proceedings effectively is essential to safeguarding your future. Should removal processes apply to you, you will get a Notice to Appear (NTA). This paperwork details the government’s case against you and includes the date, time, and location of your immigration court hearing.
Steps in the Removal Process
Understanding the steps involved in how to fight removal proceedings is crucial to navigating the process effectively:
1. Getting the Notice to Appear (NTA)
The NTA will have specifics about your case and the charges leveled against you. One should thoroughly go over this paper and get legal assistance right away.
2. Master Calendar Hearing
The charges are evaluated at this initial court session, and you verify whether they are accurate. At this point, legal representation is absolutely crucial to guarantee correct handling of your case.
3. Individual Hearing
Should you challenge the charges, the court will set up an individual hearing. You offer proof and argue at this hearing to bolster your defense.
4. Judge’s Decision on Immigration
The judge will decide whether you ought to be let to stay in the United States or removed. Should the choice not be in your best advantage, you might be able to appeal.
Common Defenses Against Deportation
For those threatened with deportation and expulsion from the United States, knowing how to fight removal proceedings is critical. There are many legal defenses accessible, including:
1. Removal Cancellation
If they satisfy particular criteria, this argument lets some people stay in the United States:
Regarding Legal Permanent Residents (LPRs): You had to have kept a clean record and spent at least seven years living in the United States.
For Non-LPRs: You have to show that, should you be removed, a U.S. citizen or LPR relative—such as a spouse or child—would suffer greatly.
Should you be qualified for a green card by job or family sponsorship, you can seek an adjustment of status to stop removal processes.
2. Asylum or Removal Withholding
You can be eligible for asylum or withholding of removal if you are returning home and your race, religion, nationality, political opinion, or participation in a particular social group would cause you to be persecuted.
4. Volunteered Departure
By requesting voluntary departure, you can leave the United States under your own terms and avoid various fines related with forced removal.
5. Visa, U or T
Crime victims or victims of human trafficking could be eligible for U or T visas, therefore providing temporary legal status and a road to permanent residency.
6. Discretion in Prosecutors
Sometimes, especially for those who pose little threat to public safety, Immigration and Customs Enforcement (ICE) may decide not to pursue removal procedures depending on prosecutor discretion.
Challenges in Fighting Removal Proceedings
While there are defenses available, winning removal proceedings can be challenging:
1. Complex Legislation
Without professional help, U.S. immigration rules are complex and always shifting, which makes navigating tough.
2. Tight Deadlines
Your case may be seriously damaged by missing court dates or late paperwork filing.
3. Proof of burden
Providing proof supporting their defense is mostly on the individual, and without the necessary tools this might be challenging.
How to Prepare for Your Case
Increasing your possibilities of a positive result depends on preparation. These guidelines apply here:
1. One should compile documentation.
- Get records bolstering your case, such marriage licenses and birth certificates.
- Evidence of U.S. residence (such as tax returns and electricity bills).
- If seeking U or T visas, police records or reports from doctors.
2. Show up for Every Hearing
Never miss a hearing before Immigration Courts. Ignance of appearance could lead to an instant removal order.
3. Get Legal Counseling
See an expert immigration attorney to negotiate the procedure, draft your defense, and represent you in court.
4. Remain Current in Deportation News
Track news on deportation and removal from the United States to better know how policy decisions can affect your case.
Importance of Professional Legal Support
One big difference is having a qualified immigration attorney on your side. A qualified attorney can evaluate your eligibility for defenses like Asylum or cancel of deportation.
- Help you gather and arrange the supporting data.
- Represent you before courts and offer professional counsel catered to your circumstances.
- Understanding Cancellation of Removal
Cancellation of removal is a critical form of relief available to certain non-citizens who are facing deportation. This legal remedy allows individuals to remain in the U.S. if they meet specific eligibility criteria. There are two main types of cancellation of removal:
For Lawful Permanent Residents (LPRs): Green card holders may qualify if they have continuously resided in the U.S. for at least seven years, have had lawful permanent resident status for at least five years, and have not been convicted of an aggravated felony.
For Non-LPRs: Non-permanent residents may be eligible if they have been physically present in the U.S. for at least 10 years, have maintained good moral character, and can demonstrate that their removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident family member.
Cancellation of removal is highly discretionary, meaning that even if all the requirements are met, immigration judges have the authority to approve or deny relief based on various factors, such as family ties, employment history, and community contributions.
Asylum as a Defense Against Removal
If you fear persecution in your home country, you may be eligible for asylum. To qualify, you must prove that you have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The application for asylum must generally be filed within one year of your arrival in the U.S., though exceptions apply in cases of changed circumstances or extraordinary conditions.
Winning an asylum case requires strong evidence, such as:
- Personal testimony detailing your fear of persecution.
- Affidavits from witnesses who can verify your claims.
- Country condition reports that support your case.
If granted asylum, you will be allowed to remain in the U.S., work legally, and apply for a green card after one year.
Withholding of Removal and Protection Under the Convention Against Torture (CAT)
For individuals who do not qualify for asylum due to the one-year filing deadline or other factors, withholding of removal may be another option. While it does not provide a path to permanent residency like asylum, it can prevent deportation if you can show that it is more likely than not that you would be persecuted in your home country.
Similarly, protection under the Convention Against Torture (CAT) may be available if you can demonstrate that you would be tortured by the government or with the government’s consent upon return to your home country. Unlike asylum, these forms of relief do not allow for a green card but can offer protection from removal.
Adjustment of Status as a Possible Defense
If you have an immediate family member who is a U.S. citizen or lawful permanent resident, you may be eligible for adjustment of status to obtain a green card and avoid deportation. This process typically involves applying through a family-based petition (Form I-130) or through employment sponsorship.
If you are already in removal proceedings, adjustment of status must be approved by the immigration judge. Common grounds for eligibility include:
- Marriage to a U.S. citizen.
- Having a U.S. citizen child over the age of 21 who can sponsor you.
- Employment-based sponsorship with an approved labor certification.
While this is not an option for everyone, an immigration attorney can assess whether it is a viable defense in your case.
Voluntary Departure as an Alternative to Deportation
In some cases, voluntary departure may be a strategic option to avoid the long-term consequences of a removal order. This allows you to leave the U.S. on your own within a designated period, avoiding the penalties associated with formal deportation. If granted voluntary departure, you may be able to return legally in the future, unlike those who are removed and face lengthy bars on reentry.
To qualify for voluntary departure, you must demonstrate good moral character, financial ability to depart the U.S., and lack of certain criminal convictions.
Post-Removal Legal Options
Even after a removal order has been issued, some individuals may have legal options to challenge or reopen their case. Possible strategies include:
Motion to Reopen: If new evidence or changed circumstances arise, you may be able to file a motion to reopen your case.
Appeal to the Board of Immigration Appeals (BIA): If you believe there was an error in your case, you can appeal to the BIA within 30 days of the immigration judge’s decision.
Federal Court Review: If the BIA denies your appeal, you may seek a review in the U.S. Court of Appeals.
Each of these options requires prompt action and strong legal arguments, making it crucial to work with an immigration lawyer experienced in appeals and post-removal relief.
Frequently Asked Questions (FAQ)
Q: What happens if I miss my immigration court hearing?
A: Missing a hearing results in an in absentia removal order. If you had a valid reason, you may file a motion to reopen your case.
Q: Can I fight removal if I have a criminal record?
A: Yes, but the outcome depends on the type of crime. Some offenses disqualify individuals from certain relief, while others may allow for legal defenses.
Q: What are my chances of winning my case?
A: It depends on your immigration history, legal defenses, and evidence. Having an attorney improves success rates significantly.
Conclusion
Understanding how to fight removal proceedings is crucial for non-citizens facing deportation. Legal defenses such as cancellation of removal, asylum, and adjustment of status can provide relief.
An experienced immigration attorney is essential in these cases. Aftalion Law Group has successfully represented clients in California and New York, providing strong legal strategies for removal defense.
If you need expert legal assistance, contact Aftalion Law Group today for FREE case evaluation.
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