If an individual faces deportation, they have the right to defend themselves in front of an immigration judge. This process is known as deportation defense.
We at Oltarsh & Associates are dedicated to zealously protecting our clients’ rights. We aim to utilize all avenues available to defend our clients’ rights, further their goal to remain in the United States, and combat immigration attempts at the removal of foreign nationals by pursuing all legal remedies in removal proceedings.
We review the 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 also review criminal acts to ensure that are squarely within deportation grounds.
Individuals facing removal will receive a Notice to Appear (NTA) from the Department of Homeland Security (DHS). The NTA will specify the charges against the individual and the date and location of the removal hearing.
It is essential for the individual to attend the hearing, as failure to do so could result in an order of deportation being issued in their absence. Changes of address must be properly and timely filed.
There exists relief from removal or deportation. Our experienced attorneys carefully evaluate the factual scenario to determine whether the grounds for 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 available relief. Some of these forms of deportation relief include but are not limited to:
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:
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:
Many foreign nationals are now taken into custody, including 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 committed the class of crimes and were released from criminal custody after October 8, 1998.
With such significant repercussions arising for 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.