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Deportation Defense

Deportation is the process of removing an individual from the United States due to a violation of immigration laws.

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.

Deportation is the process of removing an individual from the United States due to a violation of immigration laws

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.

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 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:

  • Cancellation of removal (for green card holders and non-green card holders)
  • Waivers of removability pursuant to INA § 212(c) and § 237
  • 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
  • Request for prosecutorial discretion to dismiss removal proceedings

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 citizens or lawful permanent resident family members were removal effectuated

Many foreign nationals are now taken into custody, including those at the border

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.

Do you need help with Deportation or Removal Defense?

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.