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Fighting Deportation

It’s hard to imagine what could be more frightening than receiving an order for deportation proceedings, especially if you’ve lived in the United States for a long period of time and have family, friends, a job, even property in this country.

The grounds and procedures for fighting deportation may vary greatly depending upon the reasons for the removal proceedings. Some of these include:

  • Challenging the grounds for deportation
  • Requesting suspension of deportation
  • Requesting asylum
  • Voluntary departure

If you’re facing deportation, a local immigration attorney can review the specifics of your situation with you and help you determine the best way to fight deportation in your particular circumstances. Most of the possible means of fighting deportation apply only in specific, limited circumstances, and an immigration lawyer will be able to help you assess whether or not your situation falls within those guidelines.

For example, a request for suspension of deportation will be considered only if a variety of conditions are met, including a minimum period of continuous residence in the United States.

An immigration lawyer can also explain your rights to you. Although a person facing deportation does not have the same rights afforded to a person charged with a crime in the United States, there are certain protections. For instance, a person facing deportation is entitled to an attorney, but attorneys are not appointed as they are in certain criminal cases. Instead, the person who may be subject to removal is given the opportunity to hire his own attorney. Interpreters are provided by the government.

Deportation proceedings focus on very narrow issues: grounds for deportation, and the country to which the alien would be properly deported. Generally speaking, the earlier a person facing removal speaks with an immigration attorney, the better. There is a process for appealing the immigration judge’s decision—in fact, federal courts heard more than 10,000 Bureau of Immigration Appeals in 2006—but as in any case, issues not raised in a timely manner may be waived and evidence may be difficult or impossible to obtain and authenticate as time passes.

If you’d like to schedule a consultation with an immigration lawyer, simply fill out our immigration case evaluation form or call us at (877) 444-1074.