After working hard to create a home in the United States and begin a new life in the country, facing deportation can be unimaginable. Every year, deportation threatens to separate families and forces individuals to leave their communities and loved ones behind. Facing removal is a real fear for thousands of families in the United States but, thankfully, there are legal strategies available to prevent deportation.
Experienced Los Angeles deportation defense lawyer Cheryl Deptowicz-Diaz is passionate about upholding the rights of individuals facing deportation. The firm works closely with our clients to create a defense strategy that works and ensures their ability to remain in the United States. To learn more about how DLF can help, consider contacting Diaz Law Firm at (626) 261-0402 today.
Overview of the Deportation Process
The deportation process begins when the United States Immigration and Customs Enforcement (ICE) identifies a person who is potentially deportable. Typically, potentially deportable individuals are identified through an arrest or via a denied application for legal immigration status. Then, the Department of Homeland Security will make a decision regarding whether the person is immediately deportable through the expedited removal process or if a removal case must be initiated in immigration court.
If a person is able to argue their case in immigration court, they will be required to attend court hearings wherein a judge will review the facts of the case to determine if the person is deportable. While individuals facing deportation have the right to legal representation, they are not provided with an attorney. If the person wins their case, they are able to remain in the United States. If not, the Department of Homeland Security will begin the process of physically removing the person from the country.
How Can Diaz Law Firm Help?
Knowledgeable Los Angeles deportation defense lawyer Cheryl Deptowicz-Diaz has experience representing individuals in a range of complex cases. Regardless of whether you are facing the threat of deportation or you have received a removal order, Diaz Law Firm may be able to help. Some common legal strategies that DLF has used to defend our clients include:
- Detained cases: In situations where a person is already detained by authorities, a motion for bond determination can be filed to request a hearing. During this hearing, a person facing deportation will be able to present evidence on why they should be released from detention and why the amount of bond should be reduced.
- Non-detained cases: In cases where a person is not detained, there is a range of strategies that can be used to ultimately prevent deportation. Based on the circumstances of the case, a person may be able to apply for asylum, voluntary departure, or other relief from removal.
- Cancellation of Removal: DLF helps individuals accurately complete and file EOIR-42A and EOIR-42B forms to apply for the cancellation of removal and adjustment of status for both permanent residents as well as non-permanent residents.
- Motion to Reopen Removal Proceedings and Rescind In Absentia Order: There are certain situations where a person who was ordered to be deported can reopen their cases. If you missed your hearing due to exceptional circumstances, for instance, you may be able to file a Motion to Reopen an In Absentia Order to have a judge reconsider your eligibility for immigration benefits.
- Post-conviction relief motions: Post-conviction relief refers to a legal procedure that allows a person facing a deportation order due to a criminal conviction to bring forth new evidence and/or raise additional issues about their case to challenge or change the conviction in criminal law courts. A new or vacated conviction is then used in an immigration law court as a full or partial defense to deportation.
Frequently Asked Questions
DLF believes that individuals facing deportation should have access to accurate and reliable information regarding the process. For this reason, the firm strives to provide the greatest level of guidance and knowledge to current and prospective clients. Some of the most frequently asked questions that knowledgeable and experienced Los Angeles deportation defense lawyers include the following.
Can I Hire a Lawyer If I Am Deported?
You absolutely have the right to hire a lawyer if you are being deported from the United States. In the vast majority of situations, the deportation process does not happen immediately. As an individual facing deportation, you have due process rights. This means that you are entitled to a full and fair hearing to defend your right to remain in the United States. During this hearing, an immigration judge will review your documentation, any alleged crimes, and other circumstances of your case. Having a lawyer on your side during this hearing ensures your legal rights remain protected.
Can a Lawyer Stop Deportation?
In some cases, a lawyer may be able to stop deportation. Their ability to do so depends largely on the facts of your case, but there are several deportation defense strategies that can be utilized to protect a person from deportation. Considering the complexity of these cases, it is advised to speak with a Los Angeles deportation defense lawyer about your situation. Your attorney will take the time to listen to your story and build a defense that most effectively shields you from deportation.
How Does Criminal Arrest Affect Immigration?
Unfortunately, a criminal arrest can affect your immigration status. It can impact your ability to obtain a Green Card or citizenship down the line. The United States Citizenship and Immigration Services looks to see that a person is of “good moral character” and a criminal arrest and conviction can negatively affect this standard. Moreover, deportation is a threat for foreign nationals who are accused of crimes in the United States, specifically if you are convicted of a crime within the first five years of your entry into the country or if you are sentenced to more than one year in prison. If you are not a United States citizen and are facing criminal charges, it is important to proceed carefully to ensure that you are not subject to deportation.
Contacting a Los Angeles Deportation Defense Lawyer Near You
At Diaz Law Firm, the team understands that the possibility of deportation is terrifying and nerve-wracking. Above all, DLF believes that every individual deserves to be treated fairly during this experience. A dedicated Los Angeles deportation defense lawyer will work tirelessly to defend the rights of individuals facing deportation. To begin planning your deportation defense strategy, consider contacting DLF’s Los Angeles office at (626) 261-0402 today.