Are you facing deportation or removal proceedings in the United States? Call Paladin Law to schedule an initial consultation at (417) 228-0784. Our experienced federal deportation and removal defense lawyers are ready to fight for your rights throughout the process, no matter what it takes.
We have 42 years of combined experience helping clients respond to complex legal matters just like these. With our immigration law firm on your side, you can rest assured that your case will be in capable hands from start to finish. That includes representing you in every court appearance and hearing.
Why Should I Hire Paladin Law for My Deportation Defense Case?
Removal proceedings in the U.S. move quickly, and the government will have a trained attorney arguing for your deportation. Without legal representation of your own, the odds of a successful outcome are lower. Paladin Law has a longstanding track record of success in immigration cases that you can trust.
Our immigration lawyers know how to put together a case that gives you the best shot at staying in the country and won’t let the government take advantage of you and your family.
A few reasons to consider hiring us include:
- We have decades of combined experience focused on immigration law.
- Our attorneys can handle deportation cases involving everything from criminal convictions to visa overstays to asylum claims.
- We will take the time to learn all about your personal situation and identify every form of relief that might apply to your case.
- We’ll represent you at every stage of the proceedings, from your first hearing through a contested merits hearing and any appeals.
Reach out to our federal immigration attorneys today to learn more about your best course of action. The earlier we get involved, the more we can do to help you.
How Do Deportation and Removal Proceedings Work in the U.S.?
Removal proceedings are the formal process the federal government uses to deport someone from the United States. These cases are heard in immigration court, which falls under the Executive Office for Immigration Review (EOIR). The EOIR is, in turn, a branch of the U.S. Department of Justice.
The process usually starts when the Department of Homeland Security (DHS) issues a document called a Notice to Appear (NTA). This lays out the government’s reasons for wanting to remove you and officially kicks off your case in immigration court.
People end up in removal proceedings for many different reasons. Some of the most common include:
- Entering the country without authorization
- Overstaying a visa
- Being convicted of certain crimes that make you deportable under federal law
- Violating the terms of your immigration status
- Having a prior removal order reinstated
- Misrepresentation on an immigration application
Being placed in removal proceedings does not mean you will automatically be deported. There are several forms of legal relief available under federal immigration law, and many people who go through this process ultimately win the right to stay. What matters most is having an attorney who knows how to find and pursue those options on your behalf.
Forms of Relief From Deportation
After the government starts removal proceedings against you, you may still have legal paths to remaining in the United States. The options available to you will come down to your specific circumstances.
Some of the most common forms of relief our attorneys pursue include:
Cancellation of Removal
Cancellation of removal is available to both lawful permanent residents and certain non-permanent residents who meet specific requirements. Permanent residents generally need to show they’ve held a green card for at least five years, lived in the U.S. continuously for seven years, and haven’t been convicted of an aggravated felony.
Non-permanent residents face stricter standards. These include proving that deportation would cause “exceptional and extremely unusual hardship” to a qualifying U.S. citizen or permanent resident family member.
Asylum
If you have a well-founded fear of persecution in your home country based on something like your religion or nationality, asylum may be an option. Claims generally need to be filed within one year of arriving in the U.S., though some exceptions apply.
Withholding of Removal
This is similar to asylum but requires a higher level of proof. It prevents the government from sending you to a specific country where your life would be in danger. Withholding doesn’t lead to permanent residency the way asylum does, but it keeps you safe from being returned to a threatening situation.
Adjustment of Status
In some cases, you can apply for a green card while removal proceedings are ongoing. For example, this may be possible if you have a qualifying family relationship with a U.S. citizen.
Voluntary Departure
If other forms of relief aren’t available, voluntary departure lets you leave the country on your own terms within a set timeframe. You still have to leave, but it avoids a formal removal order on your record. That distinction matters because it can make it much easier to return to the U.S. legally down the road.
Our immigration attorneys will look at every angle of your case to figure out which forms of relief you qualify for and put together the strongest possible argument for each one.
What Happens at an Immigration Court Hearing?
Immigration court works differently from what most people expect. For one, there’s no jury. An immigration judge hears your case and makes the decision at their sole discretion. The process generally involves two main types of hearings:
- Master Calendar Hearing: This is your first appearance and is usually brief. The judge will review the charges against you, confirm your identity, and ask whether you admit or deny what the government is claiming. Your attorney can also tell the judge what forms of relief you plan to pursue.
- Individual Calendar Hearing: This is where your case is actually decided. Your attorney will present evidence, call witnesses, and make legal arguments on your behalf. The government’s attorney will do the same. The judge will then rule on your case, either at the hearing or in a written decision afterward.
If the judge rules against you, you have the right to appeal to the Board of Immigration Appeals (BIA). If the BIA also rules against you, further appeal to a federal circuit court may be possible depending on the circumstances.
Criminal Convictions and Deportation
One of the most common reasons people end up in removal proceedings is a criminal conviction. Federal immigration law identifies certain categories of crimes that can make a non-citizen deportable, even if they’ve lived in the U.S. legally for years.
Some of the criminal grounds for deportation include:
- Aggravated felonies, which cover a broad range of offenses under immigration law and carry the harshest consequences
- Crimes involving moral turpitude, such as fraud and theft
- Drug offenses, with very limited exceptions
- Domestic violence and child abuse convictions
- Firearms offenses
- Violations of protective orders
If you have a criminal record and are facing deportation, the interaction between criminal law and immigration law is one of the most important parts of your case. Our removal defense lawyers understand how these two systems overlap and can advise you on how your criminal history affects your options.
What Are My Rights During Removal Proceedings?
While immigration proceedings are generally civil in nature rather than criminal, you still have important legal rights. Knowing those rights in advance can help you protect yourself throughout the process:
- You have the right to be represented by an attorney, though the government is not required to provide one for you
- You have the right to review the evidence the government is using against you
- You have the right to present your own evidence and call witnesses on your behalf
- You have the right to appeal an unfavorable decision to the Board of Immigration Appeals
- You have the right to request a reasonable continuance if you need more time to prepare your case or find an attorney
Exercising these rights effectively often requires legal help. Immigration is one of the most complicated areas of the law in the U.S.
Schedule a Consultation With a Federal Deportation and Removal Defense Lawyer
Facing removal proceedings in the United States is one of the most difficult experiences an immigrant can go through. Paladin Law has 42 years of combined experience defending immigrants in exactly this situation, and we bring that full depth of knowledge to every case we take on.
If you or a loved one is facing deportation, call us today or reach out online for an initial consultation. Our federal deportation and removal defense attorneys are passionate about our work and will do everything in our power to help you and your family.