Are You or A Loved One Facing Deportation? Contact A Skilled Deportation and Removal Lawyer
Immigration court proceedings can be complex and take ample time to get through, especially when a non-citizen is faced with a deportation order. Deportation can be a confusing and frightening topic because your chances of remaining in the country are in the hands of an Immigration Judge who evaluates hundreds of similar cases each day. Before you get started, retain an experienced lawyer who not only handled and won cases but is also well-versed in immigration law and policies.
At The Law Offices of Todd Becraft, our Los Angeles deportation attorney has over a decade of experience working with clients in Southern California. We help foreign-born individuals and their families who are facing deportation hearings each year. When you turn to us for legal help, we will provide you with the best deportation defense in California so you can maintain immigration status within a reasonable amount of time. Additionally, our legal team will do everything we can to prevent you from jeopardizing your immigration status moving forward.
What Does Deportation Mean?
Deportation is also known as “removal” and involves immigration offices, immigration judges, and an attorney. According to the U.S. Citizenship and Immigration Services (USCIS), the legal definition of deportation is the “formal removal” of non-citizens from the country when they have violated immigration laws. However, there are distinct contrasts between deportation proceedings, getting a deportation order, and physically going through the removal. Make sure to specify which one applies to you when you consult with your deportation lawyer in LA.
Deportation Proceedings – This means that the government is starting a process, which could end in an immigrant receiving a removal order.
The Deportation Order – The moment a non-citizen receives an order, that means an immigration judge or officer determined you are not authorized to remain in the U.S.
Getting Deported – An immigrant physically departs from the country at their own will or after receiving a “bag and baggage letter” from Immigration and Customs Enforcement (ICE). The note will include a date and time indicating when you will leave.
How Does Someone Get Deported?
Per immigration law, grounds of removability (8 U.S.C. § 1227) allow officials to withdraw your visa and status for engaging in criminal activity, participating in fraudulent activities, and other law violations. It is applied more frequently to immigrants that arrive illegally. It is also applicable to those living here on temporary visas or law-abiding green card holders. There is a long list of reasons why non-citizens and immigrants can get deported to their native country.
It can be challenging trying to figure out what warrants removability alone. Three examples that can initiate removal proceedings are:
Failing to provide the government with a new change of address, which can do a lot more damage than you think
Applying for an immigration benefit and getting denied by the government can start up the removal process.
When someone gets arrested and the police check for an immigration hold. ICE may investigate their status.
You can always reach out to our immigration law firm in Los Angeles or contact a USCIS office near you if you need to inquire about deportation and removal based on the specific circumstances of your case.
The Deportation Process: What Does It Entail?
The History The way deportation and removal are now is significantly different than it was years ago. Before 1997 both were separate procedures. However, when the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 had introduced a few changes. Immigration had a different purpose and functionality. After April 1, 1997, non-citizens living and just admitted to the U.S. were subjected to deportation from that moment. ICE oversees and conducts the “removal” portion.
ICE Enforcement and Removal Operations (ERO) strip non-citizens of their privileges in America frequently. The process itself takes place in an immigration court system and gets led by an Immigration Judge. Over the years, their removal program has limited the number of illegal immigrants from entering the country. But the institution is known for aggressively enforcing policies and ripping families apart – forcing adults and children to move to unfamiliar countries at a moment’s notice.
It is important to remember that you have constitutional rights that protect you in certain situations if you live in America on a temporary or permanent visa. When officials from the agency knock on your door, you have no legal obligation to let them in or answer questions about your immigration status unless they have a signed warrant. Instead of letting them in, we advise you to remove yourself from the situation until they have appropriate credentials to enter the residence.
Anytime you feel like your rights get violated via immigration, detention, or removal processes, an attorney can help you file a complaint. We intend to help our clients stay, eventually apply for a green card, and naturalize.
Modern Day Process
Each deportation case is different per client. The procedures you go through will vary drastically compared to a friend, family member, or stranger. Getting placed into “removal proceedings” is the most common way to get deported. It happens when ICE accuses a non-citizen of an act that proves they are removable. The government does this when:
A non-citizen did not have proper documentation
Someone breached the terms of their visa or related status
A violation has was committed, preventing an immigrant from remaining in the country
Those placed in deportation proceedings get scheduled and appointed an immigration judge. The moment is influential and critical. You should seek help from an experienced Los Angeles deportation and removal lawyer. They will go over your case and make a final decision about whether you will get deported.
That is the second type of procedural removal process. The government can initiate expedited removal against non-citizens who live in the country without proper documentation or have misrepresented material facts in hopes of gaining admission. It primarily targets those living in the country illegally and unlawfully. Even with the help of an attorney, they would not be able to prove that they have been living here for at least two years. In this case, they will not have the chance to see an immigration judge and discuss their case. Instead, an immigration officer decides your outcome – with no court hearing.
Reinstatement of Removal The third way to get forced out of America is through “reinstatement of removal.” The government will go through this procedure under one circumstance. It targets people who got deported in the past and returned without permission. Anyone that does this will go through an extensive process to get back, but it is not impossible to do. Whether it was for an important reason will not matter to the USCIS. Like an expedited removal, victims will not be able to see an immigration judge. The best thing for those planning on re-entering is to reach out and consult with an immigration attorney before making moves.
What Are the Steps in Deportation?
If you are not familiar with the deportation process, our best deportation defense attorney in LA can help guide you through the steps. “Expedited removal” and “reinstatement of removal” are the most straightforward because it does not involve going to court or standing before an immigration judge. An immigration officer will arrange your departure immediately after a ruling gets made.
Regular removal operations are far more complex and can take much longer to get through.
First, the government will file a Notice to Appear with the immigration court. Depending on the nature of the case, it can include a hearing date and location. Although, it is common to receive a separate document in the mail with information regarding the first hearing.
The first hearing is also known as a “master calendar hearing.” During this time, non-citizens will meet with a judge and government attorney to determine how the case will proceed (depending on the charges against them in the Notice to Appear letter). It is best to walk in with a legal strategy because they will assess if the claims are sound and whether they can appeal from removal. Not being able to prove why staying is crucial or failing to claim eligibility for relief can speed up the removal process. They can remove immigrants immediately after the hearing or choose to schedule the next one.
If eligible for relief from removal, the judge will give you and your Los Angeles immigration lawyer a deadline to file supplemental applications and accompanying evidence. The case will get presented in an individual hearing.
At the individual hearing, the judge will review the evidence, listen to your testimony, and finally decide whether to accept your stay or deport you. If you get denied, you will receive a deportation order.
If the judge does not grant your stay, it is not the end of the world. Your attorney can work with you to appeal the decision – or you can accept the outcome. The choice is yours. Keep in mind that telling a judge that you want to appeal requires a few time-sensitive steps. Before the specified deadline, clients must submit documents (required) to the Board of Immigration Appeals (BIA). You will not get deported if the appeal gets submitted on time and gets received before the deadline. While pending, you get to stay.
Failing to verbally confirm that you want to appeal the order of removal is consequential. Your judge will issue a final order, and ICE will lead the deportation process.
Immigrant Judge Decisions
Going to court is a necessary part of your immigration case. When you stand before the judge, waiting to hear the final judgment, it can be emotionally taxing. Getting denied will hold you back from returning for up to 10 years. Your legal counsel must provide “extraordinary” reasons why you should not get deported. A few concerns the opposing lawyer may bring up against you during the hearing are:
Claims you were here without legal permission
Overstayed your visa
Committed crimes like:
Drug and firearm offenses
Violating protection orders
Minor crimes (ex. speeding)
We cannot stress the importance of having an experienced attorney enough. You have a right to a fair hearing and the best representation in Los Angeles. As your legal counsel, we will protect your rights and help provide you with temporary or long-term relief before working on your appeal, which can take a few months or several years. At The Law Offices of Todd Becraft, we have handled a breadth of deportation appeals. Our legal team knows how to navigate the system and appeals process even though it may not be easy to win. We offer legal assistance to clients of all nationalities and offer specialized services for those who speak Spanish. When it comes to deportation, the sooner you act, we can begin helping you fight to stay.
Our Immigration Attorney Can Help Protect You If You Are Facing Deportation
At The Law Offices of Todd Becraft, our immigration attorneys recognize how overwhelming the visa, immigration, and naturalization processes can be. Each client deserves an individualized approach that pertains to their unique situation. When you choose us – you can expect a thorough analysis of your case, extensive preparation, combined with our years of experience and expertise. Our commitment to excellence, and thoughtful approach to a diverse range of immigration matters, set us apart from other law firms. Contact us if you are inquiring about:
Deportation & Removal
Victims of Crimes
Todd Becraft relocated from New York to Los Angeles in 1995 and began practicing immigration law in 2000. Just nine short years later, he purchased the law practice of Timothy Everett, an immigration judge. Today he is still advocating for immigrants and non-immigrants on their path to citizenship in America. Alongside him are paralegals Sandy Gomez and Dennis Escobar, who are both native Angelinos. En Español. If you have a legal concern in one of our immigration practice areas, call 213-388-1821 or email email@example.com to schedule a free consultation!