Deportation Defense

Deportation and Removal Defense

Deportation is the formal removal of an alien from the United States. It occurs when the alien has been adjudicated to have violated the U.S. immigration laws. If you are facing deportation/removal you need to consult with an experienced deportation defense attorney immediately. In a deportation case, time may not be on your side.

Immigration Attorney Karla De La Rosa-King has successfully protected clients in deportation and removal proceedings and can assist you in this process.

Notice to Appear

Removal proceedings begin with the issuance of a Notice to Appear (NTA) which is a serious matter. Once the removal process begins, an immigration court hears the case. If the immigration judge rules that the alien should be deported/removed to their home country, the Immigration and Customs Enforcement (ICE) carry out the order.

Deportable violations and crimes are listed in the Immigration and Nationality Act. The major categories of deportable crimes are:

  • Crimes of moral turpitude – such as fraud, larceny, theft, and other crimes that involve a high level of dishonesty.
  • Aggravated felonies such as rape, murder, among others.
  • Controlled substances offenses.
  • Firearm offenses.
  • Domestic Violence crimes.

Types of Relief

Removal can be prevented in certain situations.  A person in removal proceedings may be able to benefit from some types of relief such as:

  • Adjustment of Status.
  • Cancellation of Removal:
    • Cancellation of Removal for Lawful Permanent Residents, or
    • Cancellation of Removal for Non-Lawful Permanent Residents.
  • Cancellation under the Violence Against Women Act (VAWA).
  • Asylum.
  • Withholding of Removal.
  • Protection under the Convention Against Torture (CAT).
  • Voluntary Departure.
  • Deferred Action.
  • Prosecutorial Discretion.
  • Private Bills.

Keep in mind that every case is different.  Thus, there could be other defenses and forms of relief that apply to your particular case.  If you are in removal proceedings and would like to know if you qualify for any of the defenses listed above, please schedule a consultation with us.

Remember, if you have received a Notice to Appear or are already involved in deportation/removal proceedings, it is important to contact an attorney immediately to protect yourself from removal.

Experienced Immigration Attorney Karla De La Rosa-King has protected clients in deportation and removal proceedings and can guide you through this complex maze to help your case reach a successful conclusion.