Deportation And Removal Defense Lawyers In San Diego
Facing possible deportation is a scary situation. The prospect of leaving behind the life you have built and your friends and loved ones is incredibly stressful for anyone to endure.
At the Law Offices of Jan Joseph Bejar, A P.L.C., our immigration attorneys can protect your rights in deportation (removal) proceedings. Since 1984, the lawyers at our firm have helped thousands of clients facing immigration challenges. Our team is highly knowledgeable in all aspects of immigration law.
What Is Removal/Deportation?
Technically called “removal,” the deportation process involves an immigration judge determining whether you have a legal right to be in the United States. If the immigration court rules that you don’t have this right, it can order that you be removed.
Here are some common reasons why someone may face deportation or removal:
- Lack of legal immigration status
- Violations of immigration law
- Violations of your visa terms
- Failure to extend your visa
Additionally, even if you’re a green card holder (lawful permanent resident), you could face removal if you get arrested for certain criminal offenses.
How Removal And Deportation Proceedings Begin
Deportation begins with a notice to appear (NTA), which is the legal document that outlines why the government thinks you’re removable. If you’re detained by U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP), you are entitled to an NTA within 72 hours.
What Happens During The Removal And Deportation Process
The first part of the deportation process involves a bond hearing, if you’re currently detained.
The next step is a preliminary hearing called the master calendar hearing. At this phase, the judge will inform you of your rights and schedule the remaining steps in your case. Even though the judge won’t make any decisions at this point, it’s extremely important to attend the master calendar hearing. If you don’t, the judge can enter a deportation order against you.
The final step is the individual merits hearing. This is your opportunity to make your case, and it’s important to be well prepared.
If the judge rules against you, then you can take steps to appeal their decision. Appeals are complicated and involve strict deadlines.
Deportation Defense Strategies
There are many ways to challenge deportation. For example, you might qualify to stay in the United States by pursuing:
- Cancellation of removal
- Withholding of removal
- Legal protection under the Violence Against Women Act (VAWA)
- Legal protection under the Convention Against Torture treaty
- Adjustment of status
- Family-based immigration opportunities (for example, if you have citizen parents)
Learn more about the details of these deportation defenses.
What To Do If You Or A Loved One Is Facing Removal Or Deportation
As you can see, removal proceedings are extremely complicated, and much is at stake. A single mistake could jeopardize your ability to stay in the U.S., and it could also strip you of future immigration opportunities.
For these reasons, it’s critical to talk to an immigration lawyer as soon as you can after being detained or receiving an NTA.
How Our Team Can Help
Our attorneys can pinpoint the strongest grounds for challenging the deportation. They know how to present a strong case, not only in initial proceedings before an immigration judge but also before the Board of Immigration Appeals.
If you’ve been detained by ICE and are in a prison or ICE facility, our lawyers can also help you pursue alternatives to detention while the deportation proceedings are pending. They can help you pursue bail under reasonable conditions.