Receiving a notice to appear in immigration court is serious. It means the government has started the process of trying to remove you from the United States. What happens next depends on the facts of your case, your immigration history, and whether you have legal grounds to fight the removal. A deportation defense lawyer in High Point can help you in this scenario.
Removal proceedings move through the immigration court system, and the government has lawyers representing its side. Having your own legal representation significantly affects your ability to present a defense and protect your right to stay in the country.
At Mendoza Law, we represent clients in removal proceedings in High Point and the surrounding area. Talk to a High Point immigration lawyer today; consultations are free.
What Are Removal Proceedings?
Removal proceedings are the legal process through which the U.S. government seeks to deport a person from the United States. They begin when the Department of Homeland Security (DHS) issues a Notice to Appear (NTA): a document that charges the person with being removable under U.S. immigration law and orders them to appear before an immigration judge.
The immigration judge hears the case and decides whether the person is removable and whether any relief from removal is available. If the judge orders removal, the person can appeal to the Board of Immigration Appeals. If the BIA rules against them, further review may be available in federal court.
The process can take months or years depending on the complexity of the case and the immigration court’s docket. During that time, the person may be detained or released on bond depending on the circumstances.
Common Reasons People Face Removal
People end up in removal proceedings for a variety of reasons. The most common include:
- Entering the United States without authorization
- Overstaying a visa
- Violating the terms of a visa or immigration status
- A criminal conviction that makes a person deportable under immigration law
- A prior removal order that was not complied with
- Fraud or misrepresentation in a prior immigration application
Each of these situations has different legal implications and different potential defenses. The first step is always a review of the specific facts: what happened, when it happened, and what the person’s current immigration status is.
Possible Defenses Against Removal
Being placed in removal proceedings does not automatically mean you will be deported. There are a number of legal defenses and forms of relief that may be available depending on your situation.
Cancellation of Removal
If you have lived in the United States for a certain number of years, have qualifying family members who are U.S. citizens or permanent residents, and can show that your removal would cause exceptional and extremely unusual hardship to those family members, you may qualify for cancellation of removal.
Asylum
If you are afraid to return to your home country because of persecution based on your race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible to apply for asylum as a defense to removal.
Adjustment of Status
If you are eligible for a green card through a family member or another qualifying category, you may be able to apply for adjustment of status in immigration court as a defense to removal.
VAWA, U Visa, or T Visa
If you have been a victim of abuse, a qualifying crime, or trafficking, you may be eligible for humanitarian relief that can serve as a defense to removal.
Voluntary Departure
In some cases where other defenses are not available, voluntary departure allows a person to leave the country on their own terms within a set timeframe, which avoids the consequences of a formal removal order.
Immigration Detention and Bond Hearings
When removal proceedings begin, some people are detained by ICE while their case is pending. If you are detained, you may have the right to a bond hearing before an immigration judge. At a bond hearing, the judge decides whether you can be released while your case continues and, if so, how much the bond will be.
To be released on bond, you generally need to show that you are not a flight risk and that you do not pose a danger to the community. Evidence such as family ties, employment history, length of residence in the U.S., and community involvement can all support a bond request.
A High Point deportation defense lawyer can represent you at the bond hearing and present the strongest possible case for your release while your removal proceedings continue.
Appeals After an Immigration Court Decision
If an immigration judge orders your removal, that decision can be appealed to the Board of Immigration Appeals. The BIA reviews the judge’s decision and can affirm it, reverse it, or send the case back to the immigration court for further proceedings.
If the BIA rules against you, you may be able to petition the U.S. Court of Appeals for the Fourth Circuit (the federal circuit that covers North Carolina) to review whether the BIA applied the law correctly. This petition must be filed within 30 days of the BIA’s final order.
Each stage of the appeals process has its own deadlines and procedural requirements. Missing a deadline can eliminate your right to appeal entirely.
How Mendoza Law Can Help
At Mendoza Law, we review your case, identify every possible defense and form of relief available to you, and represent you in immigration court. We handle bond hearings, master calendar hearings, individual merits hearings, and appeals to the BIA and federal court.
Our High Point deportation defense attorneys will give you a clear, honest assessment of your situation, including what defenses are realistic and what the likely outcomes are at each stage. We have helped over 100,000 clients work through the immigration system, including clients who were told they had no options.
Get Help From a Deportation Defense Lawyer in High Point
If you or a family member has received a Notice to Appear or is currently in removal proceedings, contact Attorney Maria. A deportation defense lawyer in High Point can review your case and tell you what options are available. Schedule a free consultation today.