Removal Defense Lawyers
Preventing families from being torn apart by the removal of one or more family members from the U.S. is one of the most satisfying aspects of the work we do as immigration lawyers.
At the Law Offices of Ariadne Berrios, LLC, we mainly represent Spanish-speaking families, with well over a decade of experience in helping families in removal defense cases nationwide, often preventing the worst-case scenarios.
If you or a family member is threatened with deportation, we will protect your rights.
Understanding removal proceedings
Removal or deportation proceedings are conducted before the Executive Office of Immigration Review (EOIR) with Immigration Courts across the United States. We have represented clients before Immigration Courts nationwide including North Carolina, Nevada, California, Puerto Rico, Florida, Utah, Colorado and many more.
Removal proceedings are legal actions taken to examine allegations of a violation of immigration law. They can lead to the deportation of an individual found to have contravened U.S. immigration law but this is only one of several possible outcomes.
Despite popular misconceptions, the federal government cannot simply remove immigrants without due process. The government must prove wrongdoing.
Common reasons for immigration removal
The most common reasons cited for removal proceedings include:
- Overstaying a visa
- Criminal convictions (especially for crimes of moral turpitude)
- Asylum denial
- Fraud or misrepresentation
- Unlawful entry
However, other possible legal grounds include smuggling, failure to register as a sex offender, drug offense convictions, fleeing from an immigration checkpoint, failure to promptly inform the government of an address change, lying on official documents, links to terrorist organizations or voting in violation of federal law.
Allegations of criminal behavior must be taken seriously but, until proven, they are only allegations. You can defend your right to stay in the United States in immigration court. This is where a removal defense attorney may assist.
Why hire a removal defense lawyer?
Individuals under threat of deportation who are represented by a qualified immigration attorney during proceedings are more likely to receive a favorable outcome from the hearing and be allowed to remain in the U.S.
Immigration law is extremely complex and technical. Even untrained lawyers can struggle with it — so individuals for whom English is not the first language will almost certainly be confused.
Legal representation can ease the stress and increase the chances of a fair hearing and a successful outcome. Your removal defense attorney will:
- Answer any questions you have about removal proceedings against you.
- Outline your legal rights and options to identify how to work toward the best possible outcome.
- Assist you in gathering and presenting all necessary evidence in your defense.
- Represent you in court hearings.
- If necessary, assist in completing paperwork for an appeal of a removal order with the Board of Immigration Appeals.
Removal defense services
The attorneys at the Law Offices of Ariadne Berrios, LLC can assist in the following areas:
Bond Hearings and Release from Detention
Bond hearings are where an immigration judge decides whether to set a bond amount, considering factors like criminal history, community ties, and flight risk.
If the initial bond amount is deemed too high or if Immigration and Customs Enforcement refuses to set a bond, an immigration lawyer can request a bond redetermination hearing.
Cancellation of Removal (42-A Application)
Your removal defense lawyer can represent you during a cancellation of removal case if you are a lawful permanent resident. Commonly known as a 42-A application, this offers a crucial lifeline for green card holders facing removal proceedings but it requires a highly detailed application process.
To be eligible, you must have been a permanent resident for at least five years, have continuously resided in the U.S. for seven years after lawful admission, and not been convicted of an aggravated felony.
Cancellation of Removal (42-B Asylum Application)
Non-lawful permanent residents who can prove 10 years of continuous presence, good moral character, and exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident family member may be able to have their removal canceled with the help of a removal defense attorney. This is commonly known as a 42-B application.
The application process is complex and competitive, with considerable supporting evidence required and the number of applicants granted 42-B each year strictly limited.
Asylum, Withholding of Removal, and Convention Against Torture (CAT) Protection
Our lawyers can help asylum seekers from being returned to a country based on a well-founded fear of persecution due to race, religion, nationality, political opinion or membership in a particular social group.
Withholding of Removal cases require a “clear probability” of persecution and CAT protection cases focus on the risk of torture.
Success in such cases can provide a path to lawful permanent residency or, in the case of CAT protection, a work permit.
Motions to Reopen or Appeal a Removal Order
We will help you challenge an unfair or incorrect deportation order by filing a motion to reopen based on new evidence, changed circumstances, or other circumstances.
We can also assist in appeals to the Board of Immigration Appeals (BIA) and federal court options.
Prosecutorial Discretion and Stays of Removal
Our lawyers may be able to start proceedings for prosecutorial discretion to have removal proceedings closed or delayed.
We can also apply for a stay of removal to pause deportation while seeking legal relief.
Waivers of Inadmissibility and Other Forms of Relief
Our lawyers can assist with I-601 and I-601A waivers for unlawful presence or prior immigration violations, as well as waivers for certain criminal convictions and misrepresentations.
What to expect during removal proceedings?
The Department of Homeland Security (DHS) decides whether to initiate proceedings for removal. Policies change with each administration in power.
If proceedings are opened, you can expect to receive a notice to appear in Immigration Court. A Master Hearing will be held at which the government attempts to justify its request to a judge. If the judge agrees, an Individual/Merits Hearing is scheduled at which you have the opportunity to apply for immigration status in an attempt to remain in the United States.
Even if you are unsuccessful and a removal order is issued, you have appeal rights before the Board of Immigration Appeals.
For people arrested at the border without a visa or valid asylum, an expedited removal order can force an immediate departure from the country.
If you are already subject to a removal order, the DHS can seek immediate removal without returning to Immigration Court.
Protect your immigration status with seasoned removal defense
Removal proceedings are complex and technical and few Spanish speakers foreigners are well-equipped to successfully handle cases themselves.
Our experience and knowledge of U.S. immigration law help us support individuals and boost your chances of remaining in the U.S. at this difficult time with a robust and personalized removal defense. Start with a consultation today.
