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Removal Defense

Removal or Deportation Defense

Removal proceedings, also known as deportation proceedings, are complex legal processes that determine whether a non-citizen can remain in the United States or must leave the country. These proceedings are governed by the Immigration and Nationality Act (INA) and are overseen by the Executive Office for Immigration Review (EOIR), which is part of the Department of Justice. A removal defense lawyer helps you understand the rules of the Immigration and Nationality Act, the law the U.S. government uses to decide who should be deported. If the U.S. government thinks you have broken the law, our removal defense lawyer will help you decide what to do next. Many people around the world want to live in the United States, but simply moving to the U.S. does not mean you are allowed to stay. If you don’t follow the right rules, the U.S. government can decide to deport you, which means they force you to leave the country, even if you want to stay.

Grounds for Removal

The U.S. government may initiate removal proceedings for various reasons. A common ground for removal is inadmissibility at the time of entry or adjustment of status. This can occur if an individual enters the country without inspection, misrepresents information to obtain immigration benefits, or lacks valid immigration documents. Violations of immigration status, such as overstaying a visa or engaging in unauthorized employment, can also lead to removal proceedings. In general, the following are reasons the U.S. government might believe a non-U.S. citizen should be removed:

  1. Entering without Permission: If a non-U.S. citizen comes to the U.S. without getting permission from the government first, such as with a visa.
  2. Status Violation: If a non-U.S. citizen does get permission but breaks the rules for the visit. This includes working without permission or overstaying the approved period.
  3. Criminal Convictions or Associations: If a non-U.S. citizen is found guilty of breaking a law or belonging to a group or organization that the U.S. government does not allow. Certain offenses like aggravated felonies, crimes involving moral turpitude, drug-related crimes, and domestic violence offenses can trigger removal proceedings.
  4. Denial of Asylum Application: If a non-U.S. citizen has applied for asylum, but the U.S. government rejects the application.
  5. Becoming a Public Charge: If a non-U.S. citizen becomes a public charge within five years of coming to the country.

Additionally, involvement in terrorist activities, participation in persecution, and unlawful voting in a federal election can lead to removal proceedings.

The Removal Process

The removal process is multifaceted and can be intimidating for those unfamiliar with the U.S. immigration system. The process generally involves five parts:

  1. The non-U.S. citizen is arrested by U.S. Immigration and Customs Enforcement (ICE) officers.
  2. After the arrest, the person receives a document called a Notice to Appear (NTA), which outlines the allegations and charges against the individual. This document initiates the formal removal proceedings.
  3. An ICE official decides if the person can pay bond and go home or if they must stay in jail until the removal hearings—meetings with an immigration judge. A bond hearing determines eligibility for release, with the judge considering factors such as flight risk and potential danger to the community.
  4. The core of the removal proceedings where the case is presented. Both the government and the individual (usually through their attorney) present evidence and testimony. Witnesses may be cross-examined, and legal arguments are made. The Immigration Judge then makes a decision on removability and eligibility for relief.
  5. If the immigration judge decides the person should be removed, the individual has 30 days to file an appeal with the Board of Immigration Appeals (BIA). The Board reviews the case, and if necessary, further appeals to federal Circuit Courts may be possible.

Consequences of Removal

The consequences of a removal order are severe and long-lasting. They can include bars to reentry ranging from five years to permanent exclusion, depending on the circumstances. Individuals who reenter illegally after removal may face federal criminal prosecution. A removal order can also result in the loss of eligibility for certain immigration benefits in the future. Beyond the legal implications, removal can have devastating social and economic impacts, separating individuals from their families, communities, and livelihoods in the United States.

Forms of Relief from Removal

There are various forms of relief from removal available to eligible individuals, including:

Each form of relief has specific eligibility requirements and involves complex legal considerations.

Contact CFUIS – Removal or Deportation Defense Attorney

Facing removal proceedings is scary and stressful. Each of the removal defense lawyers at the Center for U.S. Immigration Services has personally gone through the immigration process or helped a friend or family member do so. We take the time to listen to your concerns and answer your questions to ensure you understand every part of the process. We believe the best answer to fear is knowledge, and we are by your side to ensure you understand everything you need to know. Given the complexity of removal proceedings and the high stakes involved, the role of a removal defense attorney in tampa is critical. Our legal professionals will evaluate your case, develop a defense strategy, gather and present evidence, and provide courtroom advocacy. We also explain complex legal concepts, advise on outcomes and risks, and help you navigate the emotional challenges of the process. Call us at 800-403-8117, email us, fill out our contact form, or schedule an appointment.

                          If you need strong representation, our Removal Defense Lawyer in Tampa can help.