Deportation/Removal Defense

ATLANTA DEPORTATION DEFENSE ATTORNEY

REMOVAL/DEPORTATION DEFENSE

If You Are Fighting Deportation or Removal . . . You Need the Strongest Defense Possible

 

In addition to our business immigration practice, our Law Firm also specializes on removal and deportation defense at US Immigration Courts and the Board of Immigration Appeals, as well as Federal Court Litigation at the US District Courts and US Courts of Appeals.

 

If the DHS believes that you should be removed or deported from the United States, or an individual is found “inadmissible” to the United States, the DHS will issue a piece of paper called a “Notice to Appear” or “NTA” which initiates court proceedings to determine if an individual is removable, deportable or inadmissible from the United States. An Immigration Judge presides over these court proceedings which are held at US Immigration Courts across the country. These are formal court hearings and should be taken very seriously as your immigration record may be permanently affected and you can be physically deported from the United States. Only an Immigration Judge can determine if you are removable, deportable or inadmissible and whether you have relief from removal. If the Immigration Judge denies your relief, you may appeal to the Board of Immigration Appeals which has jurisdiction over decisions made by Immigration Judges. We provide representation in the following areas:

  • Asylum
  • Withholding of removal
  • Protection under the Convention Against Torture
  • Voluntary departure
  • Granting an application for lawful permanent residence
  • Cancellation of removal for LPRs
  • Cancellation of removal and Adjustment of Status for non LPRs
  • Waivers
  • Criminal immigration matters
  • Motions to Reopen
  • Prosecutorial Discretion
  • Temporary Protected Status
  • Deferred Action

Since after 9/11, immigration rules have become stricter. Becoming or staying a lawful permanent resident is harder than ever. The reasons you can be deported have increased.

 

Perhaps the government is trying to deport you because:

  • You entered the United States legally with a visa, but decided not to leave.
  • Your spouse’s application to help you get a green card was rejected.
  • You entered the United States without permission.
  • You have a criminal conviction, perhaps several years ago.

Whatever your immigration situation, this is not the time to give up.

 

Being Deported Can Have Disastrous Consequences for You and Your Loved Ones

If the government has filed deportation papers against you, you probably feel worried and confused. You do not know what will happen to you.

 

You risk being torn from your family, your friends, and your community.

 

You risk losing the country which has now become your home – especially if you arrived as a small child. You risk being sent back to a country where you are now a stranger.

 

And it could be worse for your spouse and children.  They may be forced to follow you.  They may be forced to move to a country which they have never seen.  They may be forced to move to a country where they do not speak the language or understand the culture.

 

Fighting Deportation and Removal Is Difficult

Your deportation case will be sent to the Immigration Court.

 

If you have been taken into custody by immigration officers, the first issue is to set up a Bond Hearing. If successful, the judge will release you from immigration jail.

 

At a Master Calendar Hearing, the government will ask the judge to order your removal from the United States.

 

At a Merits Hearing, you will be given a chance to present your case.  You will be given a chance to prove why you should be allowed to stay in the United States.

 

Challenging the government will be tough. Trying to do this on your own is not a good idea.

 

According to recent estimates, the government will deport 400,000 immigrants in 2012. The need for deportation defense has never been greater.

 

WHEN IMMIGRATION HOLD IS PLACED ON YOU

If you are not a U.S. citizen or are illegally residing in the U.S. and you get arrested; chances are the immigration & Customs Enforcement (“ICE”) will place an immigration detainer on you, if you are brought to a jail or police precinct even for a day. An immigration detainer means that you cannot get out of prison case unless an Immigration Judge later orders it. Under this circumstance, we will file an expedited Motion for Bond Hearing whereby we will ask the Immigration Judge to order the release of the person on bond. Many people are given the false information that they cannot ever be released on the new criminal charges, even if they pay the bail. For many people nothing can be further from the truth.

 

We have in the past successfully secured the release for persons from detention centers/jails with immigration detainers, even when they were in the U.S. illegally, with criminal records and even criminal convictions. Note that each case is different both in fact law and also in circumstance. Because of that therefore we do not guarantee the outcome of any case.

 

Many criminal and immigration lawyers, criminal judges and prosecutors incorrectly believe that once ICE places a detainer on a criminal defendant that the person will not get out of jail except when they are sent to their home country. That is incorrect because a lawyer can sometimes mount a strong defense against deportation. Deportation proceedings are a process and many people can apply early for bond to be released from incarceration while the case is still pending. There are many illegal immigrants that can be released in a few days or weeks – even with an immigration detainer – after hiring a skilled attorney. There are, however, some people that have aggravated felonies or narcotics trafficking convictions and other types of convictions that are not statutorily eligible for bond. Please call our office to know if the detained person is eligible for release on bond.

 

Our Practice is solely dedicated to Immigration Law. That is why you should give us a call today.

 

Call The Law Office now and we will review your case and promptly inform you if you or your family member is eligible to get out of his/her immigration detainer. 

 

You Usually Get Just One Chance

A single error can destroy your chances for success. You need to present your case with great carefulness. But you cannot afford to be timid.

 

For most immigrants facing deportation, the odds are not favorable.  You need the strongest deportation and removal defense possible.

 

From how accurately your paperwork is prepared – to how clearly your witnesses testify – it is difficult to win your deportation case without an experienced immigration trial attorney.

 

For instance, a special immigration program may have existed for persons from your home country 5-10 years ago. Now the program has expired. Yet, maybe the program can still help you. Your immigration lawyer should know if that old law can still be used to fight your deportation . . . keep you and your family in the United States . . . and help you win a green card.

 

The right immigration attorney can also protect you at deportation hearings against bad decisions. If the immigration judge omits important evidence or uses a procedure against you in an unfair way, your removal and deportation defense attorney should be ready to confront these mistakes.

 

But A Strong Deportation Defense Is Possible and Can Be Successful

Choosing the right immigration lawyer for your deportation and removal defense is crucial.

 

The harder your deportation defense case, the more your immigration trial attorney will need:

  • A comprehensive understanding of various cultures, country conditions, and family histories – to develop evidence demonstrating your unique worthiness to remain in the United States 
  • A detailed knowledge of deportation and removal immigration court cases throughout the United States – to ensure all favorable hardship factors are weighed by the immigration judge 

Obviously, we cannot guarantee results. But as your deportation and removal attorneys, we will tenaciously and tirelessly fight for you to remain in the United States – as if you were one of our own family members.

 

As your deportation and removal attorneys, we pledge to help you:

  • Determine if any family, employment, or lesser-known immigration programs – like asylum, VAWA, TPS, and NACARA – can help you earn permanent residency. 
  • Confront evidence used by the government which violates your rights to a fair trial and due process. 
  • Challenge the immigration impact of arrests and convictions on your privilege to remain in the United States. 
  • Calculate the likelihood of successfully seeking cancellation of removal if your permanent resident or U.S. citizen spouses, children, or parents will suffer exceptional and extremely unusual hardship. 
  • Defend against deportation and removal by presenting your case with persistence, ingenuity, and compassion. 
  • Preserve important issues for your immigration appeals attorney in case you need to file an immigration appeal at the end of your deportation and removal trial.

Please schedule a consultation with us today

 

Our Phone Numbers are:

Office: (770) 739 1195

Cell: (678) 230 6702 

By Appointment Only