If you face deportation, having a lawyer fighting for you is vital. Whether you are seeking asylum, a green card, or an immigration waiver, it is essential to have legal representation to protect your rights and ensure that you can stay in the United States.
A removal defense is a complex process that can go wrong with a simple misstep. This guide will help you understand your options for defending your removal case and ensuring you can remain in the United States.
How to Prepare
Whether you’re facing deportation or are in the process of helping someone who is, it’s essential to understand the law. This includes knowing your rights when interacting with ICE agents and updating your address and contact information.
The first step in navigating the system is to gather the proper documentation for your case. This may include a Notice to Appear (NTA) stating why you’re removable, a criminal background check, and letters of support from friends and family.
A deportation lawyer will be able to explain to you the ins and outs of this legal process. They’ll help you determine which petitions are most likely successful and prepare you for your court date.
The best way to prepare for your removal defense is to be honest, and forthright about your situation. This will help you avoid a misstep that could make you look like a fool in front of the judge.
Defending a Removal Case
When you or a loved one is accused of being removable (deported) from the United States, it can be an extremely stressful and terrifying experience. Fortunately, there are several different paths for removal defense that an experienced immigration attorney can use to help you or your loved one remain in the United States.
Defending against removal can be challenging and complex, especially for those who don’t speak English or don’t understand the nuances of U.S. immigration law.
The government initiates a removal case by issuing a “Notice to Appear” (NTA) to the individual, which contains allegations that the person should be removed from the United States.
At this point, the individual will have a hearing where they will be allowed to present their evidence, such as statements from witnesses, documents, and expert testimony. An experienced attorney can help you compellingly show your defense, helping you avoid being removed from the United States.
What to Expect
If you’ve been placed in removal proceedings (formerly known as deportation proceedings) for any reason, it’s essential to understand what to expect. Your removal defense attorney can help you navigate the complex legal issues and options available to you.
The first step is to meet with your lawyer and discuss your case. This will help them determine what type of defenses you can use and how best to present them in court.
Your lawyer will also ask about any criminal charges against you in the United States and your home country. While these charges might not seem like a big deal, they can significantly impact your deportation case.
In addition to defending you against any criminal charges, your lawyer will need to help you find other ways to avoid removal from the U.S. For example, you might be able to qualify for a green card or another form of immigration relief.
When a person loses a trial, they can appeal to the higher court (appellate, superior, or supreme court) to review the decision. The appellate court looks at the record, which includes transcripts, evidence, and documents from the trial court, and decides if the judge made legal mistakes that must be corrected.
In civil cases, the person appealing the decision is called an “appellant,” while the person defending against it is the “appellee.”
The parties must present their legal arguments to the panel of three judges working together in brief. The appellant will try to persuade the judges that the trial court made a legal mistake and that its decision should be reversed or remanded to the lower court for more proceedings. The appellee will try to show that the error made by the trial court needed to be more significant to affect the outcome of the case.