Removal And Deportation Defense
Your Deportation Lawyer In NYC: New York Lawyers
Dedicated To Preventing Deportation
If you or a loved one is facing deportation and removal, it is critical that you contact an experienced NYC deportation lawyer immediately. The U.S. immigration system is notoriously difficult to understand, and some judges have no problem taking people away from their jobs, their homes, and their families. Most people are placed in deportation proceedings if they fail a Stokes interview, are apprehended by DHS by unscheduled stops by bus, or on trains and for criminal convictions. Deportation proceedings are commenced by the service of the Notice to Appear, NTA.
At The Law Offices of Figeroux & Associates, Brooklyn, New York, we help clients avoid the horrors of deportation by providing them with aggressive and knowledgeable representation at all times. Our attorneys have extensive experience representing immigrant clients before federal courts, immigration courts, the U.S. Bureau of Citizenship and Immigration Services (USCIS), the Board of Immigration Appeals (BIA), and the U.S. Court of Appeals. Our firm litigates cases throughout the United States and if necessary, our attorneys will travel to you to learn more about your immigration problems. This includes any immigrants who are currently being detained in immigration detention centers. If you believe you are in danger of being deported or have already received a Notice to Appear in immigration court, or been already ordered deported or removed by an immigration judge, for a consultation, call Figeroux & Associates at (855) 768-8845.
One of the most difficult and highly complex areas of immigration law is Removal Proceedings, formerly known as Deportation Proceedings. Often an individual’s most important rights are at stake in these proceedings – their ability to live and work in the United States is at jeopardy. Their ability to come back to this country, or for that matter, even visit this country is often called into question, sometimes for long periods of time, often for the duration of these individuals’ lives.
Hiring an experienced and knowledgeable New York deportation lawyer can make all the difference in the world. At The Law Offices of Figeroux & Associates., it is our number one priority to protect our clients’ best interest by providing experienced, knowledgeable, and aggressive representation in removal or deportation proceedings, while making sure that no client of ours is unjustly deported or removed from the United States. There are a number of circumstances that could lead to an individual being placed in deportation or removal proceedings.
The most common reasons immigrants or foreign visitors are placed in deportation or removal proceedings are:
- Referral from the asylum office after an unsuccessful application for asylum
- Some misdemeanor and most felony criminal conviction(s)
- Aggravated felony convictions
- Finding of guilt in any offense, not necessarily a crime, related to controlled substances
- Certain national security offenses
- Terrorism-related violations
- Failure to maintain non-immigrant status
- Loss or abandonment of permanent resident status
- Immigration violations
- Unlawful employment
- Immigration fraud
How It Begins
An individual is placed in Removal Proceedings by the issuance of a Notice to Appear (NTA), formerly called an Order to Show Cause (OSC) in Deportation proceedings. The NTA or, for that matter, the OSC would list several allegations and cite the law under which the immigrant is removable or deportable. Proceedings before the Immigration Court generally consist of a Bond Hearing, if the immigrant has been detained by Immigration and Customs Enforcement, and Removal (formerly Deportation) Hearings.
Protecting detained immigrants from deportation
Our firm focuses extensively on cases involving immigrants who are currently detained by the U.S. Immigration and Customs Enforcement Agency (ICE). When an immigrant is detained, the federal government can keep them for an indeterminate amount of time, even if no crimes have been committed. Our lawyers travel to detention centers across the nation to see if they are eligible for release on bond. Our deportation lawyers work tirelessly to remove our clients from behind bars and fight to help them remain in America.
At the Bond Hearing, the Immigration Judge will consider evidence and determine whether an individual should be released from Immigration and Customs Enforcement custody on bond while Removal Proceedings are pending. Bond hearings are separate and distinct proceedings from the Removal Proceedings. As such, Bond Hearings are rarely recorded and hard to appeal because of the sheer time the appeal takes, during which the immigrant remains in immigration detention. It is also important to know that during Bond hearing, an immigration judge may, in his or her discretion, hear any and all information presented by both parties, regardless of whether such information would be allowed in Removal proceedings.
When Bond May Not Be Available
Although immigrants who have committed crimes may not be eligible for release on bond, our attorneys can still help them avoid deportation and try to convince the federal government to release these individuals from immigration detention on what is called parole or supervised release. If you are currently detained or have a loved one in custody in immigration detention, contact our office immediately.
Removal or Deportation Proceedings
At a Master Calendar Hearing, the initial hearing in Removal Proceedings, an individual will have to admit or deny the allegations in the Notice to Appear, concede or deny removability charge, and inform the Immigration Judge of any relief the immigrant will be applying for to avoid being removed (deported) from the United States. Subsequently, an Immigration Judge will schedule the case for an Individual Merits Hearing. It is during such Individual Merit Hearing that immigrant’s attorney will present documentary evidence and elicit testimony from the immigrant as well as the immigrant’s family members and any expert witnesses to support the individual’s claim for relief.
The attorney for the Department of Homeland Security will also be given an opportunity to present documentary evidence and to cross-examine any witnesses presented by the alien’s attorney. After hearing all of the testimony and considering any documentary evidence submitted, the Immigration Judge would make a determination if the alien can remain in the United States or will have to leave the country.
At The Law Offices of Figeroux & Associates, we understand the worries, fears, anxieties, and stress individuals and their family may experience when faced with deportation or removal from the United States. We do our best to put the individuals and their family members at ease. Before our Firm agrees to represent an individual in Removal Proceedings, we evaluate the individual’s case to determine whether immigration relief is available to the individual. In cases where the individual is detained by Immigration and Customs Enforcement, we also determine whether the individual is eligible for release from custody on bond.
We are dedicated to fighting your removal from the United States by assisting you in filing the appropriate petitions, obtaining necessary documentary evidence, preparing you and your witnesses to testify, representing you before the Immigration Court and if necessary, filing motions to reopen, reconsider or appeals.
How To Fight a Deportation or Removal
Every removal or deportation proceeding has two stages. The first stage involves the immigration judge determining whether or not the immigrant is deportable or inadmissible. At this stage, if applicable, our attorneys present evidence and arguments against your Deportability or inadmissibility.
If the judge determines that you are either deportable or inadmissible, you move on to the second stage of the process – applying for relief from removal. The Immigration and Nationality Act (INA) provides several forms of relief for immigrants that are facing removal (deportation). These remedies include:
- Cancellation of removal, in Removal proceedings
- VAWA for abused spouses
- Withholding of removal or deportation
- Adjustment of status
- Suspension of deportation, in deportation proceedings
- Waivers of Deportability & inadmissibility
- Legalization & registry
- Deferred Action under the Dream Act
If it is determined that you are not eligible for relief, the judge, depending on the proceedings, will order your removal or deportation. If you appear eligible, the judge will then determine whether relief should be granted. Our attorneys strive to make the best case on your behalf for the relief you are looking for and thus give you the opportunity to remain in the country.
Cancellation of removal
This remedy does exactly what its name suggests – it stops your deportation. Your eligibility for this remedy depends on whether you are a lawful permanent resident with a green card or if you are an undocumented immigrant. Contact our firm to see whether or not you may qualify for this remedy.
Granting of asylum
U.S. and International Law recognizes that some people should not be deported or removed to their countries of citizenship or residence, as the case may be because they are afraid to return there. If such fear is reasonable and other complex requirements are satisfied, an immigrant may be recognized as a refugee and granted protection from removal from the USA in the form of either asylum, withholding of removal, or withholding of removal, or deference of removal under U.N. Convention Against Torture and Other Cruel or Degrading Punishment (CAT). If an immigrant is granted asylum, he or she can apply for permanent resident status in the USA after a year has elapsed.
Withholding of removal or deportation
This remedy is similar to asylum. Withholding of deportation prohibits the government from deporting the immigrant to his home country, but it does not permit the immigrant to apply for permanent resident status within the United States. Learn more about the withholding of removal or deportation here.
Adjustment of status to that of Legal Permanent Resident (LPR)
This remedy helps undocumented immigrants apply for lawful permanent residence status provided they can meet certain requirements. To qualify, you must be admissible for permanent residence and have an immigrant visa available at the time you apply for the adjustment. With many qualifications, these petitions can be submitted only after an immigrant visa petition filed by a spouse or family member who is either a citizen of the U.S. or a lawful permanent resident, have been approved by the U.S. Citizenship & Immigration Services (USCIS). In some cases, an approved by USCIS immigrant visa petition filed by the qualifying employer can serve as a basis for subsequent adjustment of status application. To qualify, the employer must show that it has extended a genuine offer of employment to the immigrant, satisfied rigorous recruitment requirements imposed by the U.S. law and succeeded having its I-140 immigrant petition approved by USCIS.
Suspension of deportation
A deportable immigrant can apply for permanent residence through this remedy if (1) he or she was continuously physically present in the country for seven or more years, (2) is a person of good moral character, and (3) deportation would cause an extreme hardship on the immigrant, or a spouse, children or parents who are citizens or lawful residents of the country. This remedy only applies to immigrants who are involved in deportation proceedings. For more information, contact our firm today.
Waivers of Deportability and Inadmissibility
Similar to a suspension of deportation, these waivers depend on if the immigrant can establish that his or her removal (deportation) from the USA would cause extreme hardship in some instances to himself or herself, and in others, to the qualifying relative or relatives. This remedy also takes into account how long the immigrant has been in the country. Most of these waivers also apply to immigrants involved in removal proceedings.
Legalization and registry
These are two separate forms of relief that focus on allowing undocumented immigrants who lived in the United States for an extended period of time to remain in the country. Legalization occurs when amnesty has been granted to a certain immigrant or class of immigrants. This is extremely rare. Registry is a far more common remedy. Here, you must be able to show that you have a good moral character, are not guilty of any aggravated crimes and are eligible for citizenship.
The experience you want. The knowledge you crave. The results you need
At the Law Offices of Figeroux & Associates, from our location in Brooklyn, New York, our deportation lawyers handle immigration law cases for clients living throughout the United States. If you need the help of an experienced and knowledgeable immigration attorney today, call us at (855) 768-8845 to schedule a consultation
We provide representation to clients at all hearings before the Immigration Court, including Bond, Master and Individual Merit’s Hearings throughout the United States. Individuals who are placed in Removal Proceedings or their family members can also contact us at (855) 768-8845.