Right now in our nation the possibility and reality of being deported and taken away from your family is a very real threat to many people. At Superior Immigration Lawyers we pride ourselves with offering extensive experience with defending the rights of those facing deportation and removal in the United States.
Removal Proceedings & Deportation Proceedings in San Diego
We work very closely with our San Diego clients as they navigate the legal system during their Removal Proceedings and Deportation Proceedings.
What is Removal and Deportation?
“Removal”, once referred to as “deportation”, is when the U.S. government determines that an alien or non-citizen (here defined as a non-U.S. citizen, whether in the U.S. illegally or with a green card) must be removed from the United States and returned to his or her native country – or another country that agrees to accept him or her.
Additionally, it’s important to understand that under the umbrella of “deportation” or “removal” there is also a subset of “removability” and “inadmissibility.”
Removability
This was once called “deportability”. This applies to people who already have a legal right to be in the united States.
Inadmissibility
This applies to people who are still attempting to gain admission to the United States via a visa or green card.
Offenses
A person can be deemed “removable” or “deportable” from the U.S. if he or she:
- Was inadmissible at time of his or her entry to the U.S. or adjustment of status, or violates the terms of his or her visa, green card, or other status. (People with permanent resident status who have been absent from the United States for fewer than 180 continuous days do not have to worry about admissibility upon their return except if they have committed certain crimes).
- Had conditional permanent resident status but had this status terminated.
- before, during, or within five years of the date of entry into the U.S., knowingly helped smuggle another non-citizen trying to enter the United States.
- Committed marriage fraud.
- Has been convicted of an aggravated felony at any time after U.S. admission.
- Has been convicted of high-speed flight from an immigration checkpoint.
- Fails to register as a sex offender.
- Has been convicted of a drug crime or a conspiracy to commit a drug crime, whether in the U.S. or another country, at any time after U.S. admission.
- Is, or at any time after U.S. admission has been a drug abuser or addict. No actual court conviction is needed to be deportable. The person’s own confession to drug use, or evidence on a medical report, could be enough evidence against a non-citizen.
- Has been convicted of illegally buying, selling, possessing, or engaging in other transactions concerning firearms, weapons, or destructive devices, at any time after U.S. admission.
- has violated certain travel and documentation restrictions or imported non-citizens for immoral purposes.
- Failed to advise U.S. immigration authorities, in writing, of any change of address within ten days of the move. A possible defense to this is that the non-citizen can prove that such failure was reasonably excusable or not willful.
- Falsely represents himself or herself as a U.S. citizen as as a means of gaining immigration or other benefit. An exception to this can be made if the person’s parents (natural or adoptive) are or were U.S. citizens, the person lived in the U.S. before age 16, and the person reasonably believed himself or herself to be a U.S. citizen.
- Has engaged in or appears likely to have engaged in or is currently engaged in terrorist activity, has incited terrorist activity, or is a representative of a terrorist organization or group that endorses or espouses terrorist activity, or is a member of a terrorist organization (unless the person proves that he had no idea of its terrorist aims), or endorses or espouses terrorist activity or persuades others to do so, or has received military-type training from or on behalf a terrorist organization, or is the terrorist’s spouse or child, if the relevant activity took place within the last five years.
- By being present in the U.S., would create potentially serious adverse foreign policy consequences.
- Participated in Nazi persecution, genocide, torture, or extrajudicial killings, severe violations of religious freedom, or recruitment or use of child soldiers.
Even if the immigration authorities deem your removable, you will not be kicked out of the country right away. This is why it is crucial to hire a Deportation and Removal Lawyer that can help you defend your right to be in the United States.
How Removal Proceedings Begin – Notice to Appear (NTA)
The process of removal can happen in any number of ways. A non-citizen can come to the attention of immigration authorities for any reason. These reasons include anything from an anonymous phone tip that the person is in the U.S. illegally, to work-place raids, to failed applications for asylum, to criminal convictions.
When this happens, the Department of Homeland Security (DHS) often commences the removal proceeding through its Immigration and Customs Enforcement Division, also known as ICE.
For proceedings to begin, DHS must serve the non-citizen with a Notice to Appear (NTA). This must inform the non-citizen of:
- the nature of the removal proceedings
- the alleged grounds for removal proceedings
- the person’s right to hire a removal lawyer (at personal expense), and
- the consequences of failing to appear at all scheduled hearings.
Along with the NTA you will also receive charging documents and a Notice of Hearing in Removal Proceedings – which indicates the date and time your court case will be called.
If you receive an NTA, charging documents, and a Notice of Hearing in Removal Proceedings it’s crucial that you understand that the Department of Homeland Security (DHS) is attempting to remove you from the United States. This notification signifies that you have most likely been charged with being either “removable” or “inadmissible” and in violation of U.S. immigration law.
While this can be very stressful, it does not always end in deportation. Working with a Removal Proceedings Attorney in San Diego is the best option to finding a legal way to protect your right to stay in the United States. Hiring an Immigration attorney can mean the difference between staying in the United States or being deported.
Master Calendar Hearing
After the removal proceedings have been commenced and a non-citizen has received notification of the charges against him or her via an NTA and other charging documents, a non-citizen will need to appear at a Master Calendar Hearing. These hearings are held before immigration judges, under the auspices of the Executive Office for Immigration Review (EOIR).
The Immigration Judge determines whether the non-citizen’s actions or lack of immigration status deem him or her removable from the United States, or whether the non-citizen merits any legal or discretionary relief.
While an attorney is not necessary at this step, it is highly advised due to the intricacies of immigration law. There are a lot of legal hurdles that you will not want to face alone. Below we outline some of those hurdles as well as the options available to you.
Automatic Order of Removal
Failing to attending this or any other hearing may mean an automatic order of removal will be issued against the non-citizen. The consequences of this order are severe — most notably, you will be unable to return to the U.S., with any sort of visa, for ten years.
If you do not have a defense to removal, you are still able to negotiate for what’s known as “Voluntary Removal,” (VR). VR means you admit to having no legal right to remain in the U.S. and agree to depart on your own. This means that you will leave the country and save the U.S. government any further trouble. By doing this, you keep your record free of a removal order.
If you have a legal basis to remain in the United States, you do not want to negotiate for VR. Even if removal proceedings have been filed against you, you may be able to defend the removal charges against you.
Because of our experience and extensive knowledge, we are able to provide our clients with the very best service and defense. There are numerous strategies we are able to take in defending our clients facing deportation. Some of these strategies include:
- Filing for registry or legalization
- Filing for asylum
- Cancelling the deportation removal order
- Terminating deportation proceedings
- Adjusting a person’s status and applying for citizenship in San Diego
- Applying for temporary protection during removal proceedings
- Filing a 212(c) Waiver
- Withholding the removal process
- Filing an Inadmissibility or Deportation Removal waiver
- Using a voluntary departure to avoid deportation charges
- Suppressing incrimination evidence
- marriage or another close family relationship to a U.S. citizen<l/i>
- you’ve been granted U.S. asylum
- the removal of cancellation. This is available to people who have lived in the U.S. for ten years, shown good moral character, and are able to demonstrate their removal would cause exceptional and extremely unusual hardship to their spouse, parent, or child who is a U.S. citizen or lawful permanent resident), or
- you are able to prove DHS was wrong about you being deemed “removable”.
The intricacies of your case will determine the best defense to the charges and you’ll want an immigration attorney to review your best options.
During the master calendar hearing, you and your attorney will tell the judge what your defense will be. As part of the master calendar proceedings, you will schedule a date for your merits hearing.
The Merits Hearing(s)
Once you and your lawyer have a strategy to defend against removal from the United States, you will present your case at a merits hearing. During this hearing, a non-citizen is allowed to testify. As part of that testimony, your lawyer will ask you questions. You will also be examined by an attorney for DHS. This trial is crucial as you and your attorney will be able to present witnesses and evidence. Photographs, sworn statements, any government paperwork or supporting evidence can help you and your lawyer prove your case against deportation proceedings.
For example, if you are using the defense of asylum, you would testify about the fear you have of being persecuted in your own country. Additionally, you would present documents about the conditions you faced and will face if you return to that country. You could have an expert come and speak about the country and testify on your behalf.
Another example is if you are close family relationship to a U.S. citizen – perhaps if you were born outside of the U.S. but your parents or grandparents are U.S. citizens, you have a legal defense to removal. If you were born abroad to U.S. citizen parents, you probably are a U.S. citizen, but you need to gather specific paperwork to prove this. What if you were born abroad and only one of your parents was a U.S. citizen at the time? This is a more complex question. You must determine if you “acquired” U.S. citizenship at birth through a parent, or if you obtained derivative citizenship as a minor through your parent(s). For this defense, you would provide legal documentation for the people you are related to as well as have them testify that you are related to them. Depending on your type of case you might have more than one merits hearings.
Hiring a removal proceedings lawyer in San Diego is the best way to ensure that you have a solid defense to removal charges.
Help From an Experienced Attorney
Though non-citizens are not entitled to that free legal representation that U.S. citizens are, it’s important to remember that the person facing removal proceedings still has legal rights. This is why it’s recommended that you immediately contact a San Diego Removal Lawyer if you are facing Removal Proceedings in San Diego.
The removal or deportation process is complicated, with very high stakes and many steps. Therefore, legal representation is essential to develop a defense strategy, preserve the rights of the person facing the proceedings, and to present the best case possible in immigration court.
If you are facing deportation proceedings, you need the very best deportation lawyer San Diego can offer. We understand how deportation affects more than just the individual that is going through the process. Families, employers, and friends all fall victim to the circumstances. After we review our clients’ specific cases we work with the individual to craft the best possible defense for his or her case. Our deportation attorneys work diligently with clients facing deportation to remove the charges and orders in an effort to help our clients gain San Diego citizenship.
Hiring the best attorney for your immigration case can prove pivotal in your life, much like a marriage. A licensed lawyer is authorized and qualified to assist you with your immigration case or green card application. Unlike consultants, attorneys have completed extensive education and training before being licensed to represent clients. Just like a life partner, you want an attorney you can trust, communicate with, and relate to. Most importantly, you want an attorney who knows how to successfully proceed with your case so that you achieve the desired outcome. While many legitimate community and religious organizations provide immigration-related services, there are those who advertise as legal “consultants” or “notarios publicos” but are not authorized or qualified to help with immigration law-related matters. You face a big challenge, the power of the United States government. Don’t face it alone. Contact a San Diego Immigration Services lawyer at Superior Immigration Lawyers.
