Removal / Deportation Defense
Removal or deportation can happen to any non-citizen of the United States. It can happen to visitors, people who enter illegally, or lawful permanent residents (green card holders) who have lived in the U.S. for several years. This process can be extremely worrisome for clients, their families, and their friends. Each case is unique and can be very complicated. That is why it is important to talk to, and be represented by, an immigration attorney who has years of extensive experience in maneuvering through the process, whether it is at the Immigration Court or appeals stage.
At Lazaro Salazar Law, we are determined to defend and protect our clients’ rights. We understand how stressful and devastating removal can be to a family, so we are aggressive in defending our clients to help keep families together. We have over 25 years of experience in all available removal defense strategies. We represent clients throughout California and when needed, we travel outside of California to represent our clients in the court where they are detained, such as Tacoma, Washington; Eloy, Arizona; or El Paso, Texas, to name a few.
There are a number of ways to successfully prevent removal or deportation. The best strategy for your case depends on the reason immigration court proceedings were initiated. Some common reasons for removal or deportation include:
What if I have been detained by ICE (Immigration Customs Enforcement) officials?
If you have been detained by ICE, you can request release on bond either from ICE or from an immigration judge. A bond is an amount of money that you pay both to get released from detention and to promise that you will appear at future immigration court proceedings. Either ICE or the immigration judge sets the amount of the bond based on the risk that you may flee or the danger the judge or ICE thinks you may pose to society.
If you request a bond from an immigration judge, the immigration court will set a date for your bond hearing. When deciding whether to grant a bond, and what amount the bond should be, the immigration judge considers many factors, including your family and community ties to the United States, the length and seriousness of your criminal history, your financial stability, your history of immigration violations, the length of your residence in the United States, and the history of your appearances before courts. You or your attorney can present evidence in your favor to help the judge make the decision .If you have a family member or loved one who is currently detained, call us and let us know so that we can set an appointment for you on an urgent basis.
* Note that you may not be eligible for release from immigration detention. If you have committed certain crimes, ICE may contend that you are subject to “mandatory detention.” This means that you will not get an opportunity for a bond hearing. There are complex definitions for the categories of people who are not eligible for release from immigration detention. These categories also have exceptions. Because of the complexity, you should consult with one of our experienced immigration attorneys who have deep knowledge and experience with criminal immigration issues.
What if I received a Notice to Appear from ICE?
A Notice to Appear (or, NTA) is issued to inform you that you are required to appear before an immigration judge to defend yourself against removal or deportation from the United States. It may be issued by either Immigration and Customs Enforcement (ICE) or U.S. Citizenship and Immigration Services. If you have received an NTA, you should immediately meet with one of our attorneys so that we can review it and determine the defenses that may be available to you.
How might Lazaro Salazar Law help me?
The Cancellation of Removal for Non-Lawful Permanent Residents (LPRs)—If you have been living in the U.S. without legal status for at least 10 years, you may be eligible for cancellation of removal. If you win your case you will receive a green card (lawful permanent residence). The basic requirements for this form of relief from removal are that:
Cancellation of Removal for LPRs—Unlike cancellation for non-LPRs, cancellation for LPRs requires a shorter period of continuous residence in the U.S. and does not require a showing of hardship to a qualifying relative.
DACA—If you were brought to the U.S. before your 16th birthday, are attending or have graduated from school in the U.S., you may be able to apply for DACA (Deferred Action for Certain Childhood Arrivals). A DACA grant provides temporary relief against removal. See our information on DACA for additional information.
Asylum, Withholding of Removal, and Relief Under the Convention Against Torture—If you fled your home country and are afraid to return because of harm you have suffered in the past, or harm you fear you may suffer in the future, you may qualify to seek asylum in the U.S. The harm you fear must be on account of your race, nationality, religion, political opinion, or social group.
U Visas—If you are a victim of one of certain crimes and helped in the investigation of the crime, you may be able to apply for U visa status and authorization to work in the United States. Removal proceedings can be terminated if you are approved for a U visa.
VAWA and VAWA Cancellation of Removal—If you are or have been a victim of domestic violence or mental abuse by your spouse who is either a U.S. citizen or a lawful permanent resident (LPR), you may be eligible for relief under the Violence Against Women Act (VAWA). You do not need to have reported the abuse to the police in order to apply for this relief.
Prosecutorial Discretion / Administrative Closure—You may be able to request that ICE use its prosecutorial discretion to administratively close your deportation case. In deciding whether to close your case, ICE looks at whether your case is a “low priority”—for example, you are an immigrant who has no serious criminal background and has U.S.-born children and other ties to the community. Like DACA, administrative closure will not give you legal status. You should consider this option last, only if there is no other way under immigration law that you can stay in the U.S.The attorneys at Lazaro Salazar Law can help you assess all of your options and determine if this is something you should consider. In some cases it is possible to obtain and renew employment authorization while your case is “administratively closed.”
Contact us for a consultation about your particular situation.