Deportation and Removal Defense Lawyer in Austin
Deportation or Removal refers to the removal of a non-citizen from the United States for violating immigration laws. A person can be placed in removal proceedings for many reasons including entering the country without permission, overstaying a visa, committing certain criminal offenses, or having your student or work visa revoked.
Deportation proceedings can be one of the most stressful and life-changing events an immigrant can face. With potentially life-altering consequences, securing experienced legal representation is not just beneficial, it’s essential for protecting your rights and exploring all available options to remain legally in the United States.
Removal proceedings can move quickly, especially if a non-citizen is in Immigration and Customs Enforcement (“ICE”) custody. It is crucial to hire an immigration attorney immediately if you have a loved one in ICE custody. An experienced attorney may be able to get a non-citizen out on bond while they fight their immigration case. An attorney can also work to help non-citizens remain in the country legally.
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What are "Removal Proceedings"?
Removal proceedings refer to the legal process by which the federal government of the United States can remove non-citizens from the United States. Removal proceedings happen in immigration court in front of an immigration judge.
The removal process typically follows these steps:
- The Department of Homeland Security issues a Notice to Appear (NTA) outlining the reasons for potential removal
- An initial Master Calendar Hearing, where the government presents its case
- If contested, the case moves to an Individual Hearing, where you can present your defense
- The immigration judge makes a decision
- Either party may appeal to the Board of Immigration Appeals (BIA)
It is important to know that removal proceedings are not criminal proceedings, they are considered “civil proceedings.” This means that in the United States, a non-citizen does not have the right to a court appointed or “free lawyer” for immigration proceedings like they do in criminal proceedings. However, all immigrants in removal proceedings have the right to hire a lawyer of their choosing.
In immigration court, a lawyer with the federal government will attempt to show the Court why the immigrant should be removed from the country. A lawyer for the immigrant can ask for “relief” which simply refers to any legal claim that the non-citizen has to delay or cancel their deportation.
Why do Immigrants Get Placed in Removal Proceedings?
A non-citizen can be placed in removal proceedings for any violation of immigration laws. One of the most common ways that immigrants get placed in deportation proceedings is because they get arrested for a state offense.
Even if an immigrant is here legally on a tourist visa, work visa, or other special immigrant visa, if they violate any law of the United States (including state laws), it can lead to a revocation or cancellation of their visa and they can be placed in immigration proceedings.
Common reasons for deportation proceedings include:
- Overstaying a visa
- Entering the country without proper documentation
- Making false claims to U.S. citizenship
- Marriage fraud or other immigration violations
- Criminal convictions, especially aggravated felonies
- Firearm-related offenses
- Domestic violence incidents
- Crimes involving moral turpitude (such as theft or fraud)
- Drug-related offenses
- Violation of the terms of your visa
- Unauthorized employment
For example, suppose a non-citizen is arrested for a state criminal offense such as driving while intoxicated, assault, or theft. In that case, state authorities will notify ICE officials that they have a non-citizen in jail.
Once ICE is notified that a non-citizen has been arrested, ICE officials may decide to put an immigration detainer or “ICE hold” on that person. If ICE places a hold on the non-citizen, then the non-citizen will not be able to bond out of a state jail. Instead, once they resolve their state criminal matter, they will be immediately transferred to immigration custody for deportation proceedings.
A non-citizen can also be placed in removal proceedings if they are in the country illegally or have overstayed their visa. Even if the non-citizen has not committed a crime, if they do not have authorization from immigration officials to be in the United States, they could be detained and placed into removal proceedings at any time.
That means anyone who crossed the border without inspection can be detained and placed into removal proceedings. Similarly, anyone who has overstayed a tourist visa or let their work visa expire can be detained by ICE officials and placed into removal proceedings.
Can I Get a Bond if I Am Detained by ICE?
Yes. To obtain a bond in immigration court, you must prove to the Court that you are not a danger to the community or a flight risk.
Additionally, you must show that you do not have any disqualifying criminal offenses on your criminal record. A conviction for certain crimes can make you ineligible for immigration relief and, therefore, a bond.
When an immigrant is placed into removal proceedings, they will be brought before an immigration judge for a bond hearing. The bond hearing usually takes place quickly. You normally only get one bond hearing, so it is important to have your legal case prepared before the bond hearing.
This is why consulting with attorneys at every stage of the process is crucial. If you are a non-citizen and arrested for an offense, you should immediately hire a criminal defense attorney familiar with immigration law.
Relief Options in Deportation Proceedings
Depending on your specific circumstances, you may qualify for various forms of relief from deportation:
Cancellation of Removal
This discretionary relief may be available to certain non-citizens facing deportation.
For Lawful Permanent Residents (Green Card holders):
- Must have held lawful permanent residence for at least 5 years
- Must have continuously resided in the U.S. for at least 7 years
- Cannot have been convicted of an aggravated felony
- Must not have received prior removal relief
For Non-Permanent Residents:
- Must have continuously resided in the U.S. for at least 10 years
- Must demonstrate good moral character during that period
- Cannot have certain criminal convictions
- Must show that removal would cause “exceptional and extremely unusual hardship” to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child
Asylum
Suppose you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group. In that case, you may qualify for asylum if you apply within one year of arrival (with limited exceptions).
Adjustment of Status
In some cases, if you entered the U.S. lawfully and have a qualifying family relationship or employment opportunity, you may be eligible to adjust your status to become a lawful permanent resident.
Voluntary Departure
While this doesn’t allow you to remain in the U.S., voluntary departure lets you leave on your own terms and may preserve your ability to return legally in the future.
Should I go to Immigration Court? What Happens if I Miss Immigration Court?
If a non-citizen does not appear for court while in removal proceedings, an immigration judge can issue a removal order against the immigrant. If a removal order is entered against a non-citizen, ICE officials can arrest the immigrant and deport them.
If you miss immigration court unintentionally, then you can file a motion to reopen the case and argue that you failed to receive proper notice of the immigration hearing.
However, it is very difficult to reopen a case after a removal order has been entered. You must show proof that notice was defective, which can be very difficult.
Missing an immigration proceeding can be devastating to your immigration case. You can lose all eligibility for relief. It is important to show up to immigration court.
Should I Hire an Attorney for Immigration Court?
It is highly recommended that you appear in immigration court with an attorney. Immigration law is very complicated, and small errors or omissions in paperwork can have a severe negative impact on your immigration proceeding.
Why Choose an Experienced Deportation Defense Attorney
Immigration laws are among the most complex in our legal system. When your future in the United States is at stake, having skilled legal representation can make a critical difference. Here’s why hiring an experienced deportation defense attorney is crucial:
- Thorough Case Evaluation: Every deportation case is unique. An experienced attorney will carefully analyze all aspects of your immigration history, criminal record (if applicable), and personal circumstances to identify the strongest defense strategies.
- Understanding of Complex Legal Standards: Relief options like cancellation of removal require meeting strict legal standards such as “exceptional and extremely unusual hardship” or “good moral character.” An experienced attorney understands how these standards are interpreted by immigration judges.
- Strategic Documentation: Successful defense often depends on properly documenting your case. Your attorney will help gather, organize, and present the necessary evidence that supports your eligibility for relief.
- Courtroom Representation: Immigration court proceedings involve strict rules and procedures. Your attorney will advocate on your behalf, counter the government’s arguments, examine witnesses, and present your case effectively.
- Protection of Your Rights: Throughout the deportation process, you have specific rights. An attorney ensures these rights are respected and raises objections when necessary.
- Identification of Procedural Errors: In some cases, deportation proceedings may involve procedural mistakes by immigration authorities. An experienced attorney can identify these errors and potentially use them to strengthen your defense.
Additionally, it is difficult to reopen an immigration matter once the immigration judge has made a decision.
If you are looking for an immigration attorney to help fight your deportation, contact the Law Office of Jorge Vela.
