Finding out the Department of Homeland Security (DHS) has begun pursuing your removal from the United States is a uniquely frightening experience, and one that can seem impossible to overcome at first glance. In reality, you still have certain rights at every stage of these proceedings, as well as options for contesting the case being made against you.
Whether you have already received a Notice to Appear or you suspect you might be subject to deportation soon, you should make it a priority to contact a qualified immigration attorney as soon as possible. With guidance from a Marietta deportation defense lawyer, you could fight back against your removal more effectively and potentially secure relief from removal altogether based on one of a number of grounds.
The Early Stages of the Removal Process
When the Department of Homeland Security—specifically, its Immigration and Customs Enforcement (ICE) wing—opens a removal case against someone, they will inform that person of the action being taken against them through what is known as a Notice to Appear. This Notice will address the basic elements of the proceedings to come, specify the grounds that DHS has based its case on, and clarify what rights the recipient has during this process.
However, the most important element of this Notice is the date and time it sets for a Master Calendar hearing. Regardless of whether an NTA recipient intends to fight their removal, or whether they have obtained legal counsel yet, it is essential that they attend this Master Calendar hearing in person. Failing to appear will automatically lead to a removal order with especially harsh sanctions attached.
If they do attend, they would have to articulate their response to the charges submitted in the NTA and present their legal argument for a defense against a highly knowledgeable and trained prosecutor from ICE on their own, without the right to a court-appointed attorney. Alternatively, a local deportation defense attorney could help them declare their intention to fight back against their removal at a merits hearing.
Possible Defense Strategies Against Deportation
Depending on the circumstances, there are a few different approaches an NTA recipient could take when contesting removal proceedings to ensure they are allowed to remain in the United States. In some situations, ICE’s case for removal may simply be based on inaccurate or invalid grounds. Examples could include a misunderstanding over a criminal charge that did not lead to conviction, or a lack of documentation proving that the person is removable.
In other cases, it might be possible to seek relief from removal based on qualification for a green card through:
- Family members
- A demonstrable threat of persecution or physical harm in the NTA recipient’s country of origin
- The exceptional hardship that a removal would place on that person’s loved ones in the United States
A Marietta deportation defense lawyer could discuss appropriate strategies for a particular case during a private consultation.
Seek Help from a Marietta Deportation Defense Attorney
Fighting back against deportation should never have to be done alone no matter what grounds the case against you is based on. The conclusion of this process could have life-altering implications for you and for your entire family. You should take every available precaution to improve your chances of a positive result.
A Marietta deportation defense lawyer could work to protect your rights and pursue a fair outcome on your behalf through every step of the removal hearings. Call a bilingual attorney today for a free consultation to learn more.