If you are facing deportation, you may be worried about being separated from your family, losing your job, or returning to a country where you face danger. A Farmington immigration lawyer can take on your case and fight the removal order.
Mendoza Law has represented over 100,000 clients. If you or someone you love is facing a removal order, a deportation defense lawyer in Farmington can defend your rights and advocate for you in court.
How a Farmington Deportation Defense Lawyer Can Help
Immigration court proceedings often involve strict deadlines, extensive documentation, and multiple hearings.
A Farmington deportation defense lawyer can help with your case by:
- Reviewing the Notice to Appear: A lawyer can examine the allegations against you and identify issues with the government’s charging documents.
- Identifying possible defenses: An attorney can determine whether you qualify for asylum, cancellation of removal, adjustment of status, withholding of removal, protection under the Convention Against Torture, or another form of relief.
- Gathering evidence: A lawyer can collect records, witness statements, country-condition evidence, family documentation, and other materials that support your defense.
- Representing you in court: An attorney can appear with you at immigration hearings and present arguments and evidence on your behalf.
- Handling appeals or motions: If an immigration judge issues an unfavorable decision, a lawyer can help you file an appeal or motion to reconsider.
What Is Deportation or Removal?
The federal government generally uses the term “removal” rather than “deportation” for the process of requiring a noncitizen to leave the United States. Removal proceedings determine whether a person is inadmissible or deportable under federal immigration law.
A Notice to Appear, commonly called an NTA, explains the government’s allegations and provides information about the proceedings. Once removal proceedings begin, your case may proceed through one or more hearings before an immigration judge.
The first hearing is typically a Master Calendar Hearing. This is generally where the immigration judge addresses the charges, scheduling, and other preliminary issues. An Individual Calendar Hearing, sometimes called a merits hearing, may later be held to consider the evidence and arguments supporting your application for relief.
What Are Common Defenses Against Deportation?
There is no single defense that applies to everyone facing removal. Immigration law provides several potential forms of relief, including:
- Asylum: You may be able to seek asylum if you fear persecution in your home country because of a protected characteristic or belief.
- Withholding of removal: This protection may prevent the government from removing you to a country where your life or freedom would be threatened.
- Convention Against Torture protection: CAT protection may apply if there is sufficient evidence that you would likely be tortured if removed to a particular country.
- Cancellation of removal: Certain nonpermanent residents who meet requirements involving physical presence, good moral character, family hardship, and other factors may qualify for cancellation of removal.
- Adjustment of status: In some situations, you may seek lawful permanent resident status while in removal proceedings.
- Voluntary departure: You may be eligible to leave the United States voluntarily instead of receiving a formal removal order.
A deportation defense attorney in Farmington can evaluate your case and determine the best course of action.
What Happens If You Are Detained by ICE?
Some people facing removal proceedings are detained by U.S. Immigration and Customs Enforcement, or ICE. If you are detained, you may have a separate bond-related issue in addition to your underlying removal case.
Your family members can determine where you are being held and obtain information about upcoming proceedings. ICE provides an online detainee and hearing information system, while EOIR maintains its own automated case-information system.
A Farmington deportation defense attorney can also fight for your release from detention.
What Should You Do After Receiving a Notice to Appear?
Receiving an NTA can be alarming, but ignoring it can make your situation considerably worse.
You should:
- Read the NTA carefully: Check the allegations, hearing information, and other details for accuracy.
- Keep every immigration document: Preserve your NTA, prior applications, approval notices, passports, work permits, and other records.
- Confirm your hearing date: Court documents issued by EOIR are the official source for case information.
- Attend every hearing: Missing a hearing can result in an order of removal being entered in your absence.
- Collect supporting evidence: Gather documents relating to your family, employment, residence, immigration history, and any circumstances supporting your defense.
- Get legal advice: An attorney can evaluate your situation and explain which forms of relief may be available before important deadlines pass.
What If an Immigration Judge Orders You Removed?
An unfavorable decision from an immigration judge does not necessarily mean you are out of options. Depending on the circumstances, you may be able to appeal the decision to the Board of Immigration Appeals or pursue another legal remedy.
The best response depends on what the judge decided, what applications were denied, whether the decision was appealed, and whether new evidence or other circumstances affect your case.
In some circumstances, you may be able to seek reopening or reconsideration. A motion to reopen can be particularly important if your circumstances have changed or previously unavailable evidence becomes available.
Contact a Deportation Defense Attorney in Farmington
Being placed in deportation proceedings does not automatically mean you will be removed. An attorney from Mendoza Law can review the government’s charges, build a strong defense, and fight for you throughout the legal process.
Call now to find out how you can stay in the United States.