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Removal Defense

 
 


Facing deportation is daunting. We are here with actionable kowledge to prevent deportation.

Deportation (removal) cases require immediate and astute action. In the complex realm of immigration court, the outcome can determine whether one remains with their loved ones in the U.S. or faces the heart-wrenching reality of leaving their family behind. A skilled attorney well-versed in removal defense, armed with extensive knowledge of the immigration court system, can truly change the game.

Under the provisions of the Immigration and Nationality Act (INA), the U.S. government, operating through the Department of Homeland Security (DHS), wields the power to attempt the deportation (or “removal”) of individuals for a multitude of reasons – from overstaying or violating visa terms, to commissioning certain crimes and even involvement in terrorist organizations.


Proven Results

Understanding the Defense Removal

  • In many cases, the Department of Homeland Security (DHS) starts by issuing a Notice to Appear, kicking off removal proceedings against a foreign national. This notice breaks down the alleged law violation and presents supporting facts. Exciting, right? Both the individual and the Immigration Court receive this notice. The court, in turn, fires back a Notice of Hearing to the person, who gets it right in the mail. This sets the stage for an intense showdown in court, where the DHS attorney represents the government, and the foreign national has the right to their attorney (sorry, government-provided attorneys aren’t on the table). Evidence, arguments, and even witnesses come into play, each side battling to make their case. And then, boom! The Immigration Court makes the all-important call: Is the person removable? If so, are they eligible for any relief that would allow them to stay in the United States?

     There are other tricks up the DHS’s sleeve, like administrative removal and expedited removal. These  skip the Immigration Court and remove certain individuals without a hearing. It’s like fast-forwarding through the whole process. The catch? Fighting these removal methods is a tad trickier, with fewer options on the table. But fear not, because now is the time for fierce advocacy to ensure that individuals facing removal get the justice they deserve. So buckle up, my friends, because immigration law and its interpretations are in a constant state of flux.

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