Have you received a deportation order to be removed from the US? The prospect of being removed from the US is distressing for immigrants, many of whom have built their entire lives here. With the recent changes to immigration enforcement from the Trump administration, the stakes are even higher.
At Mendoza Law, we dedicate ourselves to serving hard-working immigrants and their families. A Salinas immigration lawyer from our firm can help you navigate the deportation process and explore options to retain your legal status. We work hard to support our clients in whatever way we can.
Contact our offices today to speak to a deportation defense lawyer in Salinas.
We Can Provide Legal Guidance During Deportation Proceedings
The US immigration system is exceedingly complex, and recent changes have resulted in heightened immigration enforcement. Navigating this system can seem insurmountable, and if you’re facing deportation, it may feel as if there are no options.
At Mendoza Law, we have extensive experience working with immigrants through all aspects of the US immigration system, including deportation defense. We can provide legal advice and help you understand your rights under deportation proceedings.
More specifically, an immigration lawyer from our firm can:
- Analyze your deportation case and help you understand the reasons for deportation
- Attend immigration hearings and represent you during immigration proceedings
- Gather evidence and documentation concerning personal information
- Petition for deportation waivers or asylum applications
- Explore options for deportation relief
As the child of immigrant parents, lead attorney Maria Mendoza understands the unique difficulties non-citizens face. We build detailed, well-documented cases designed to stand up to close review. We use a strict anti-fraud auditing process to focus on legitimate, well-supported claims and do not take cases that rely on incomplete or misleading information.
Common Reasons for Deportation
DHS retains broad latitude to deport documented and undocumented immigrants. Below are some of the most common reasons for deportation in the US:
- Criminal violations. Certain criminal offenses can result in deportation, including violent crimes, drug crimes, or theft.
- Visa violations. Visa violations involve engaging in activities your visa doesn’t permit, like holding employment on a student visa.
- Not maintaining legal status. Failing to comply with visa and permit regulations and renewal can result in legal status being terminated and deportation being ordered.
- Unauthorized entry. Crossing the border illegally into a port of entry can also result in deportation.
- Immigration fraud. DHS can deport immigrants who lie or otherwise falsify immigration documents and immigration.
- National security. DHS also reserves the authority to deport immigrants for matters of national security.
Deportation Process in the US
There are four main parts of deportation proceedings in the US. A Salinas deportation defense lawyer can intercede and provide legal counsel/representation at any stage of the process.
1. Receive a Notice to Appear (NTA)
The first step in the deportation process is receiving a notice to appear (NTA). This is an official document from DHS notifying you of their intentions and the reasons for deportation. The NTA lists your name, allegations, legal charges, and the date of your hearing. Receiving an NTA is just the beginning of the process and doesn’t mean you can be removed from the country yet.
2. Master Calendar Hearing
The Master Calendar Hearing (MCH) is the first hearing in the process. It’s a preliminary hearing in front of an immigration judge where you plead guilty/not guilty to the charges and establish your legal representation. The MCH typically takes 20 to 30 minutes.
3. Individual Hearing
After the MCH is an individual merits hearing. During this hearing, you will present evidence, and your lawyer can cross-examine witnesses.
At the conclusion of the individual hearing, a judge will decide whether to cancel the deportation or grant an order of removal. If an order of removal is granted, DHS can remove you from the country within 90 days.
4. Appeals
If a judge orders your removal, you have 30 days to appeal the decision to the Board of Immigration Appeals. Filing an appeal can pause the removal order until the issue is resolved. For an appeal to be successful, you must demonstrate factual or legal errors in the judge’s previous decision.
Options for Relief from Deportation
Below are some potential strategies that an attorney could pursue to secure relief from deportation proceedings:
- Waiver. You may be eligible for a waiver to waive your immigration ineligibility status. Typically, waivers are granted for those who have committed crimes or have been deported and removed previously.
- Asylum. If you are at risk of persecution or violence in your home country due to your religion, political affiliations, or other reasons, you can request asylum to remain in the US.
- Voluntary removal. Another option is to submit yourself to voluntary removal. Voluntary removal is leaving the country, but it avoids formal deportation and can allow you to reapply for entry into the US without penalty at a later date.
Contact a Deportation Defense Lawyer Serving Salinas
The threat of deportation can be a terrifying experience, but there are options for relief and guidance. Contact Attorney Maria online or call our offices by phone today to speak to a deportation defense lawyer serving Salinas.