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Deportation And Removal

Aanlegal > Immigration  > Asylum or Refugee > Deportation And Removal

Deportation And Removal

 

If you are not a United States citizen, it is wise to consult experienced criminal immigration attorneys BEFORE pleading guilty or accepting any plea agreements! What you plea guilty to will determine whether the U.S. Immigration and Customs Enforcement will begin removal proceedings against you and whether you will be eligible for any relief from being deported. Please feel free to us immediately if you or someone you know and love is about to plea guilty to any criminal offense anywhere in the United States.

Deportation from the United States is the harshest punishment you could suffer for violating United States immigration laws and criminal laws. Many non-citizens all-too-often do not realize that even a minor infraction or a conviction, even if it occurred decades ago, could trigger deportation or removal proceedings. In many cases, you stand to suffer harsher immigration consequences than criminal consequences for a conviction. For example, if you had a conviction for which you received probation, if placed in removal proceedings on the basis of that conviction, you could be subject to indefinite mandatory detention in immigration custody far away from your home and family, and may ultimately be ineligible for a waiver of deportation, even if you have been a green card holder for decades and decades.

 

Relief from Deportation or Removal

In many cases, you may be eligible for relief from removal. In some cases, you may not. This is why it is critical that you talk with an experienced criminal immigration attorney if you believe something in your past could trigger removal proceedings or if you have been served with a document called Notice to Appear and are currently in removal proceedings. If you can talk with an immigration lawyer before you are placed in removal proceedings, you will have a better idea of what options and deportation help are available to you and your family. But the sooner you talk with an immigration attorney, the better your chances are for presenting your case in the most favorable light.

 

Detention Based on Deportation Issues

Section 236(c) of the Immigration and Nationality Act lists broad categories of noncitizens who are subject to mandatory detention based on their removability under specific criminal and security related provisions, including, among others, INA § 212(a)(2) and INA § 237(a)(2)(A)(ii), (A)(iii), and (B), (C), and (D). On April 29, 2003, the Supreme Court issued a 5-4 decision in Demore v. Kim, 123 S. Ct. 1708 (2003). The Court held that under INA § 236(c), the government may detain classes of lawful permanent residents without conducting individualized bond hearings to determine whether they pose a flight risk or danger to the community.

 

Only individuals who were released from criminal custody (meaning physical custody) after October 8, 1998 are subject to mandatory detention. Under the Board of Immigration Appeals decision Matter of West, 22 I. & N. Dec. 1405 (BIA 2000), this includes individuals who are released from physical custody following a criminal arrest, regardless of whether the person is sentenced to incarceration.

Individuals subject to mandatory detention will not be released on a bond pending their removal case, and they will have to fight their deportation case while remaining detained. This, of course, is a very difficult situation for both the detained individual and his or her family members.

RECENT CASES
237(a)(1)(H) waiver granted for fraud and misrepresentation at time of entry as permanent resident

Green Card granted with fraud waiver for a Client who entered using a fraudulent passport.

Cancellation of Removal granted to a detained permanent resident with a serious drug conviction.

Other Cases
» USCIS declares a Client to be a United States citizen since 1950s based upon his parents’ naturalization.
» Joint motion to reopen granted for a Client who overstayed voluntary departure decades ago.

Deportation Defense Attorney in New York City

deportdefenseNOTE:If you are not a United States citizen, it is wise to consult experienced criminal immigration attorneys BEFORE pleading guilty or accepting any plea agreements! What you plea guilty to will determine whether the U.S. Immigration and Customs Enforcement will begin removal proceedings against you and whether you will be eligible for any relief from being deported. Please feel free to contact me immediately if you or someone you know and love is about to plea guilty to any criminal offense anywhere in the United States!

Deportation from the United States is the harshest punishment you could suffer for violating United States immigration laws and criminal laws. Many non-citizens all-too-often do not realize that even a minor infraction or a conviction, even if it occurred decades ago, could trigger deportation or removal proceedings. In many cases, you stand to suffer harsher immigration consequences than criminal consequences for a conviction. For example, if you had a conviction for which you received probation, if placed in removal proceedings on the basis of that conviction, you could be subject to indefinite mandatory detention in immigration custody far away from your home and family, and may ultimately be ineligible for a waiver of deportation, even if you have been a green card holder for decades and decades.

Relief from Deportation or Removal

In many cases, you may be eligible for relief from removal. In some cases, you may not. This is why it is critical that you talk with an experienced criminal immigration attorney if you believe something in your past could trigger removal proceedings or if you have been served with a document called Notice to Appear and are currently in removal proceedings. If you can talk with an immigration lawyer before you are placed in removal proceedings, you will have a better idea of what options and deportation help are available to you and your family. But the sooner you talk with an immigration attorney, the better your chances are for presenting your case in the most favorable light.

Detention Based on Deportation Issues

Section 236(c) of the Immigration and Nationality Act lists broad categories of noncitizens who are subject to mandatory detention based on their removability under specific criminal and security related provisions, including, among others, INA § 212(a)(2) and INA § 237(a)(2)(A)(ii), (A)(iii), and (B), (C), and (D). On April 29, 2003, the Supreme Court issued a 5-4 decision in Demore v. Kim, 123 S. Ct. 1708 (2003). The Court held that under INA § 236(c), the government may detain classes of lawful permanent residents without conducting individualized bond hearings to determine whether they pose a flight risk or danger to the community.

Only individuals who were released from criminal custody (meaning physical custody) after October 8, 1998 are subject to mandatory detention. Under the Board of Immigration Appeals decision Matter of West, 22 I. & N. Dec. 1405 (BIA 2000), this includes individuals who are released from physical custody following a criminal arrest, regardless of whether the person is sentenced to incarceration.

Individuals subject to mandatory detention will not be released on a bond pending their removal case, and they will have to fight their deportation case while remaining detained. This, of course, is a very difficult situation for both the detained individual and his or her family members.

However, whether an individual is even subject to mandatory detention is an ongoing issue of great importance and debate. If you are concerned about whether you or someone you know and love would be subject to mandatory detention if detained by the U.S. Immigration and Customs Enforcement, please contact our immigration attorney in New York for a consultation to discuss your situation in detail.

 

Will I be deported?

While there are many crimes that could form the basis for deportation, the most common are:

  • Drug offenses (possession or sale);
  • Sex offenses (including convictions for sexual abuse of a minor or endangering the welfare of a child);
  • Fraud convictions (including credit card fraud and visa or passport fraud);
  • Theft offenses (including burglary and robbery)
  • Aggravated felonies (including murder, rape, and drug trafficking)
  • Crimes involving moral turpitude (including petit larceny)
  • Domestic violence (including stalking)
  • Weapons possession (including possession of a firearm)

If you have ever been convicted of any of the crimes listed above-or any other crime-it is in your best interest to speak with a criminal immigration attorney. While you may believe your conviction was “just a violation” or “just a misdemeanor,” it may still affect your immigration status and your ability to work and stay.

 

How can I Stop Deportation?

If you are subject to deportation or removal, depending on the specific facts of your case, you may be eligible for relief from deportation in forms of waivers of deportation or other forms of discretionary and/or mandatory relief. Some of these forms of deportation relief include but are not limited to:

  • Cancellation of deportation or removal (for green card holders and non-green card holders)
  • Waivers under former INA § 212(c) (only a narrow class of people are eligible for this)
  • Waivers under INA § 212(h) and INA § 212(i)
  • Suspension of deportation (virtually eliminated but still available to few)
  • Voluntary departure
  • Adjustment of Status
  • Asylum, Withholding of removal, and protection under Article 3 of United Nations Convention Against Torture

 

If you are facing deportation, the time to contact an immigration lawyer is now!

At the law offices of Aqrawi Aiken & Nguyen, PLLC, we understand the anxiety and stress that you are feeling. We understand how difficult a deportation hearing can be on you and your family. Family members are often devastated by the prospect of a loved one being moved thousands of miles away. We are committed to doing whatever we can to put you and your family at ease. From finding personal references to showing “extreme hardship” on the family, our comprehensive approach in deportation proceedings allows us to optimize your chances of success.

If you are accused of violating your visa and need an experienced attorney to assist you in deportation hearings please call our office for an immediate consultation at 1-844-B-LEGAL-2 or (832) 834-6099.

Removal and deportation proceedings are some of the most complex immigration matters you can ever face. In many cases deportation proceedings are initiated because of a criminal conviction or other violation of your visa status. If you have been notified of a deportation hearing or have violated your visa status, hiring an experienced deportation attorney as soon as you learn of an immigration violation is important in order to protect your rights.

Contact us today for a consultation at 1-844-B-LEGAL-2