Brooklyn Deportation Attorney Lawyers
Time is of the essence when it comes to deportation and removal issues. If you or a family member is facing deportation, please seek the advise of an experienced Brooklyn deportation attorney lawyer. The attorneys at the Spodek Law Group are here to help you 24/7.
The Start of Deportation Proceedings
When the Department of Homeland Security (DHS) decides to deport an individual, they issue Form I-862, which is the Notice to Appear (NTA) in immigration court. This form must be served to the immigrant properly, which means directly to that individual. If the respondent cannot be found, the immigration court can issue a deportation order in absentia. However, once the respondent is found, that order can be stayed by the courts to allow the case to be reopened.
The Notice to Appear will provide the reason for why DHS wants to deport the individual.
What Triggers Deportation Proceedings
The main trigger for deportation proceedings is criminal activity. This activity could be a current issue or one thought resolved decades ago. The most common crimes that trigger deportation include:
- Possession or sale of drugs
- Sexual offenses
- Sexual abuse of a minor
- Endangering the welfare of a child
- Fraud of any sort
- Drug trafficking
- Domestic violence
- Weapons possession
If you, or a family member, are facing charges, you need to speak with an experienced Brooklyn deportation attorney lawyer before taking a plea agreement. When you plead guilty, the US Immigration and Customs Enforcement officials will begin deportation proceedings. How you handle the plea agreement will heavily influence whether there is any relief from being removed.
Is There Relief from Deportation Available?
Many immigrants are eligible for relief from removal. However, in some cases, there is no relief available. Because there is always a chance for deportation, you must speak with an experienced attorney as soon as possible. They will know the options that might be available to you and your family.
- Cancellation of the deportation order
- Waivers under certain federal laws, specifically INA § 212(c), INA § 212(h) and INA § 212(i)
- Adjustment of the individual’s status
- Withholding of removal
- Protection under Article 3 of the United Nations Convention Against Torture
The facts of your case are going to heavily influence whether you are eligible for deportation relief or not. The judge will consider the facts of the case as well as surrounding factors such as:
- Length of residency
- History of employment
- Status of family members (citizens, permanent residents, etc.)
- Criminal history (one time offense or ongoing pattern)
- Community involvement
- Hardships deportation would cause family members
- Positive and negative factors involved with the case
Often, if the positives outweigh the negatives when it comes to your life in the US, the judge is going to rule to stop the deportation proceedings. However, there are no guarantees when it comes to deportation proceedings. Some judges come down hard for even the pettiest offenses. But, the more positive information you present, the more likely the immigration judge will stop the deportation proceedings in your favor.
If you win in Court, ICE does have the option to appeal the decision to a higher court. You also have the option to appeal the decision if you lose. Appeals are common and can draw out the process for a long period of time.
Detention During Deportation Proceedings
Some non-citizens are subject to mandatory detention based on certain criminal and security related issues. The Supreme Court has held that the government may detain certain classes of permanent residents without bond hearings to see if they are a danger to the community or a flight risk.
Those subject to mandatory detention will not be released before going to immigration court for deportation proceedings. They must challenge the case while remaining in custody. If you think you or a loved one is subject to mandatory detention, you need to contact a deportation attorney in New York today to discuss the situation. If you are detained by ICE, you will have no options available.
Experienced Legal Representation is Critical
Your best chance in immigration court is to have an experienced Brooklyn deportation attorney lawyer at your side. The attorneys here at the Spodek Law Group are here to help you. They can help you put together and present the best case possible. They can advise you on what options are available. They can help you every step of the way. Call today to schedule a consultation with one of our attorneys.