Deportation Defense

Our outstanding legal staff is dedicated to zealously protecting the rights of our clients. We aim to defend our clients’ rights, stop unjust deportations, and combat immigration attempts at deportations of foreign nationals by pursuing all available legal remedies in removal proceedings. We review Notice to Appear to determine that proceedings were properly initiated.  We are experts in trial work and have helped clients with their cases of Cancellation of Removal, Applications for Political Asylum, Adjustment of Status and waivers of inadmissibility while in removal proceedings.  We review criminal acts to assure that are squarely within deportation grounds.

Relief from Deportation or Removal

There exists relief from removal or deportation.  Our experienced attorneys carefully evaluate the factual scenario to determine whether the grounds of removal are appropriate.  When a foreign is properly subject to deportation or removal, eligibility for relief from deportation or removal may be available in the forms of waivers of deportation or other forms of discretionary and/or mandatory relief. Some of these forms of deportation relief include but are not limited to:

• Cancellation of deportation or removal (for green card holders and non-green card holders)
• Waivers of removability pursuant to former INA § 212(c)
• Waivers of removability pursuant to  INA § 212(h) and INA § 212(i)
• Political asylum, withholding of removal, and Article 3 of the Convention Against Torture
• Adjustment of Status
• Review of removal of conditions
• Voluntary departure

Reasons for being placed on deportation or removal proceedings:

Foreign nationals who are not in the United States in legal status or whose legal status is threatened because of an unauthorized act may be placed on removal proceedings.  Many criminal acts result in the initiation of removal proceedings.

While there are many crimes that could form the basis for deportation, the most common are:

• Drug offenses (possession or sale);
• Fraud convictions (including credit card fraud and visa or passport fraud);
• Theft offenses (including burglary and robbery)
• Crimes involving moral turpitude (including theft related acts)
• Domestic violence (including stalking)
• Weapons possession (i.e. possession of a firearm)
• Aggravated felonies (a long list of acts but including murder, rape, and drug trafficking)
• Sex offenses (including convictions for sexual abuse of a minor or endangering the welfare of a child)
• Entry without proper documentation

Criminal acts often have severe immigration consequences and it is critical to retain the most qualified attorney to assist in defending removal.

For a waiver case, Immigration Judges will weigh the bad acts with the totality of circumstances and consider the following: 

• Length of stay in the United States and whether with or without status
• immediate family members who are U.S. citizens or green card holders
• employment history
• medical issues to you or immediate family members
• history of tax payment
• involvement in the community (church, volunteer work, etc.)
• nature and extent of violation of the immigration laws
• nature and extent of criminal history
• evidence of rehabilitation
• hardships to United States citizen or lawful permanent resident family members were removal effectuated

Detention Based on Deportation Issues

Many foreign nationals are now taken into custody, including for those at the border.  Immigration violations now make up the majority of Federal prosecutions.  Bond determinations may be possible but are severely restricted for those who have committed crimes

Section 236(c) of the Immigration and Nationality Act lists broad categories of noncitizens who are subject to mandatory detention based on their removability under specific criminal and security related provisions.  In Demore v. Kim, 123 S. Ct. 1708 (2003), the US Supreme Court upheld the government’s right to detain classes of lawful permanent residents without individualized bond hearings to determine whether they pose a flight risk or danger to the community.

Mandatory detention only applied to foreign nationals who have committed the class of crimes and who were released from criminal custody after October 8, 1998.

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With such significant repercussions arising to those in removal or deportation proceedings, it is critical to have the best legal defense.  Oltarsh & Associates can provide the best legal defense and build a winning case.  We have done so for countless foreign nationals in our decades of practice in New York.  Please reach out to us to discuss your case.