Many immigrants in the United States have worked hard to build a life for themselves in this country. They have kept their families together, found work, and pursued the happiness and stability that the American dream promises. However, until one is a legal permanent resident or citizen, the fear or removal or deportation can linger. If the dreaded day comes when an official government document arrives to notify you of your pending removal from the country, it can be scary, overwhelming, and frustrating.
The attorneys at Tucker, Nong and Associates understand the fear that comes with deportation, and we appreciate how serious the consequences can be for an individual and a family. There are legal options to pursue when facing deportation or legal removal. Our experienced legal team can help you learn more about your rights and possible options. Fill out our online contact form today for a prompt response from a member of our team to help stop your removal.
How Does Deportation and Legal Removal Work?
If the government is attempting to deport an immigrant, they will first send a Notice to Appear (NTA). This NTA will name the accusations against the individual and list the reasons why the government is seeking deportation. There are many reasons why the government would elect to remove or deport an immigrant.
The accused person must then appear before an immigration judge to be notified of the charges and advised of his rights. At this time, the immigrant must enter a plea to the accusations against him. If he chooses to fight the deportation or removal, the court will schedule another hearing. At the next court date—known as the individual hearing—the accused is expected to offer the court reasons why the removal or deportation should not continue.
Defenses to a Legal Removal and Deportation
There are many avenues down which to fight a removal or deportation order. At the individual hearing, an immigrant can either challenge his own removability or seek relief. All possible defenses or reasons for relief should be brought to the court’s attention. Immigrants can seek to stay in the country by citing:
- Adjustment of status
- Asylum-seeker or refugee status
- Protection under the Convention Against Torture Act
- Protection under the Violence Against Women Act
- Deferred action
A skilled immigration attorney can help individuals facing removal or deportation to decide which grounds are appropriate and would offer the greatest chance of success. It is imperative to arrive at the individual hearing educated, prepared, and ready to offer a compelling argument. A judge’s favorable at this hearing could allow an immigrant to remain in the country. A negative ruling would allow the proceedings to continue, and the accused would have to pursue an appeal to avoid deportation.
The Removal and Deportation Appeals Process
An immigrant has the right to appeal a denial of relief or deportation order. Appeals can be filed for two main reasons:
- Error under the law. The accused can fight the judgment based on the argument that the judge was incorrect in interpreting the law in this specific case. Under these circumstances, the appeal must be filed within 30 days of the individual hearing.
- New evidence. The case can also be reexamined based on new evidence that was either not known or not available at the time of the individual hearing. The evidence must be material, which means that had it been presented earlier, it would have likely changed the outcome of the original hearing. Generally, this type of appeal must be made within 90 of the original hearing, though there are certain exceptions that can be made.
Even if you’ve already received a judgment and aren’t sure if you qualify for one these appeals, our immigration defense team may be able to help. Fill out our online contact form today so we can help you examine your case and determine how best to move forward.
Pursuing Bond During the Deportation or Removal Process
In some cases, the immigrant may be detained by the government. Detention allows the government to hold the immigrant while information is gathered and a decision is made regarding his or her removal or deportation. The detained person has the legal right to request bond. Bond is an amount of money that a citizen or legal permanent resident may pay to free him from detainment and ensure his appearance at future court proceedings.
The cost of bond varies according to the details of the case, location, judge, and more. A skilled immigration attorney can help individuals negotiate bond to seek the lowest amount of money. In deciding bond, a judge will consider:
- Ties to family and community
- Arrests and criminal convictions
- Previous immigration issues
- History of previous court attendance
- Employment history
Bond is typically set anywhere from $1,500 to $25,000. If the bond is posted and the individual fails to appear in court, the money will be forfeited. Immigration bond can be very complex. To learn more about bond and bond consequences, call our office nearest you to talk with an experienced member of the legal team at Tucker, Nong and Associates.
Why Call Our Maryland and Virginia Immigration Law Offices?
When it comes to legal removal or deportation, time is of the essence and the stakes are high. A skilled immigration attorney can help individuals and families understand the complexities of immigration law and prepare a thorough, effective defense. The lawyers at Tucker, Nong and Associates understand that this can be a scary time, and we work hard to help educate and empower our clients so they have the best possible chance at a positive outcome.
If you or someone you love is facing deportation or legal removal, take a moment to fill out our online contact form. A member of our team will contact you promptly to discuss your case and schedule a free, no-obligation consultation.