Deportation Defense Attorney in Phoenix

Assertive Advocacy for Immigration Rights in Arizona

One of the scariest realities an immigrant might face is deportation. Attorney Lelia Adams personally experienced such a situation when her mother was deported. She fought tirelessly to bring her mother back, and she will fight tirelessly for you. 

Removal defense lawyers have the critical job of representing immigrants facing deportation from the United States. The removal process involves appearing in immigration court, where an attorney will build a case for why you should not be deported. 

Engaging in removal defense not only involves courtroom advocacy but also requires a deep understanding of immigration laws, policies, and procedural strategies. Defense attorneys must prepare comprehensive case files, gathering evidence, affidavits, and testimonials to support the client's eligibility for exemptions or relief. This intricate preparation is vital in challenging unjust charges and ensuring all legal avenues are explored for the client's continued residence in the U.S.

No case is too difficult for our firm to handle, and we will provide the balance of empathetic and assertive representation you deserve. We firmly believe in your rights as an immigrant and will do our best to defend you against removal actions like deportation. When you need an experienced deportation defense lawyer, turn to Essien Immigration Firm.

If you need help with deportation defense, contact Essien Immigration Law, your deportation attorney in Phoenix, at (602) 833-2650.

What Are the Grounds For Removal From the U.S.?

Under the US Immigration and Nationality Act (INA), there are several grounds for the deportation (removal) of non-citizens, such as:

• Being convicted of a crime in the following five categories – aggravated felony, crimes involving moral turpitude, drug crimes, firearms offenses, and domestic violence crimes
• Being in the US unlawfully
• Fraud (e.g., fraudulent marriage to obtain a green card, falsely representing US citizenship to obtain a government benefit, or forging an altered citizenship document to obtain government assistance)

Who Is At Risk for Deportation?

You or your loved ones may be at risk for deportation if their case involves the following:

• Illegal entry into the United States
• Being in the U.S. with an expired visa
• Immigrated to the U.S. and did not provide a new address to USCIS
• Immigrant who has been convicted of a crime
• Violation of immigration laws, for example, faking a marriage in order to obtain a green card

While these are common scenarios, the scope of deportation risk is broader, reflecting the complexities of immigration regulations. Many individuals may unknowingly breach minor infractions, such as failing to update their address or engaging in activities that inadvertently affect their status. This underscores the necessity for immigrants to stay informed and proactively manage their legal residency status with professional legal guidance.

What Is Considered “Being in the U.S. Unlawfully”?

Individuals who are in the US unlawfully can be removed by the US Immigration and Customs Enforcement (ICE) officers without a hearing. 

A person is considered an illegal immigrant if:

• They have not obtained permission to enter the US;
• They were inadmissible to the US at the time of entry or adjustment of their status;
• Their admission to the US has been revoked or terminated;
• They failed to maintain the status under which they were admitted (e.g., enrolled in a university as a student);
• They failed to comply with any conditions of entry to the US;
• They knowingly encouraged or assisted another alien to enter the US unlawfully; or
• They procured their visa or other documentation by fraud.

Distinguishing between lawful and unlawful presence is nuanced and can often hinge on specific circumstances or misinterpretations of legal obligations. For instance, a person transitioning between different visa categories might inadvertently fall out of status due to processing delays or misunderstandings about documentation requirements. Therefore, navigating such complexities often necessitates the expertise of a deportation attorney in Phoenix that residents trust to ensure compliance and prevent adverse outcomes.

Lawful permanent residents (green card holders) and visa holders have the right to a hearing before they can be deported, and they also have the right to appeal a decision to the Board of Immigration Appeals (BIA).

Understanding Immigration Status Complexity

In the diverse landscape of Phoenix, many immigrants face unique challenges related to maintaining their legal status. Status violations often occur unknowingly due to the intricacies of reporting requirements or changes in personal circumstances such as marriage, employment, or education. For immigrants in Phoenix, understanding these potential pitfalls is essential to avoid being categorized as unlawfully present. With the ongoing changes in immigration policy both federally and within Arizona, it is crucial for immigrants to remain vigilant about their status and seek counsel from seasoned immigration defense attorneys.

Furthermore, federal and state collaborations, such as those involving ICE and local law enforcement, can impact immigrants in Arizona uniquely. Phoenix's location as a border state adds another layer of complexity, reinforcing the necessity for immigrants to have up-to-date knowledge of any reforms or local ordinances that may influence their status. Legal professionals at Essien Immigration Law provide personalized assessments to help clients navigate these complexities efficiently.

When you need an experienced deportation lawyer in Phoenix, turn to Essien Immigration Law. Call (602) 833-2650!

What Is the Deportation Process?

The deportation process, also known as removal proceedings, is the legal process through which the U.S. government seeks to remove a non-citizen from the country. If you or a loved one is facing deportation in Phoenix, it is crucial to seek the assistance of a skilled and experienced deportation defense lawyer at Essien Immigration Law.

The deportation process typically involves the following steps:

1. Notice to Appear (NTA): The first step is the issuance of a Form I-862, Notice to Appear by the Department of Homeland Security (DHS). This document specifies the reasons for the deportation and provides information about the upcoming removal proceedings.
2. Master Calendar Hearing: The non-citizen must appear before an immigration judge for a Master Calendar Hearing. During this hearing, the judge will explain the charges, the rights of the individual, and set a schedule for future proceedings. If you miss your hearing, you may face automatic removal from the U.S.
3. Individual Merits Hearing: If the non-citizen contests the charges or seeks relief from deportation, an Individual Merits Hearing will be scheduled. This hearing allows the individual and their Phoenix deportation defense attorney to present evidence, witnesses, and legal arguments to support their case. Failure to appear at this hearing may result in automatic removal as well.
4. Immigration Judge's Decision: After considering the evidence and arguments presented, the immigration judge will issue a decision on whether the individual should be deported or qualifies for any relief from deportation.
5. Appeals and Relief: If the immigration judge orders deportation, the individual may have the option to appeal the decision to the Board of Immigration Appeals (BIA) or seek relief from deportation through other legal avenues.

Navigating the deportation process can be complex and challenging. Having a skilled Phoenix deportation defense attorney by your side is crucial to protect your rights and explore all possible defenses and relief options available to you.

Understanding the mechanics of removal proceedings highlights the importance of adequate preparation and representation. The timeline of these events can vary, and there might be opportunities to introduce new evidence at different stages. Therefore, it's critical for affected individuals to collaborate closely with their legal counsel to forecast procedural hurdles and strategize effectively for each hearing, maximizing the chance to prevent removal.

I Received a Notice to Appear (NTA). What Do I Do?

If you have received a Notice to Appear (NTA) in the mail, it means that removal proceedings are being taken against you. The NTA states why the Bureau of Immigration and Customs Enforcement believes you should be deported. When you receive the NTA, a hearing will be scheduled, and the immigration judge will determine if what is stated in the NTA is correct. If the judge decides that it is true, then you will be ordered to leave the U.S.

Do not worry -- there are options to defend yourself against deportation. We do not recommend attempting to resolve this on your own because there is too much at stake. It is best to speak with an experienced deportation attorney in Phoenix as soon as possible. Call (602) 833-2650 to schedule an appointment at Essien Immigration Law.

Can I Apply For Relief From Deportation?

It's true that you can file for deportation relief, and it's important to know what your choices are. At Essien Immigration Law, our skilled deportation defense attorneys in Phoenix are here to help you navigate this challenging legal procedure.

Several forms of relief may be available depending on your specific circumstances:

• Asylum: If you are at risk of persecution in your home country due to your race, religion, nationality, political beliefs, or membership in a particular social group, you could qualify for asylum. This form of relief allows you to legally stay in the U.S. and avoid deportation, providing a safe haven from potential dangers you might face back home.
• Cancellation of Removal: There are two distinct categories for cancellation of removal: one for lawful permanent residents and another for individuals without permanent residency. Each category has specific requirements, such as maintaining continuous physical presence in the U.S. for a designated period, demonstrating good moral character, and proving that your deportation would cause exceptional and extremely unusual hardship to a qualifying relative who is either a U.S. citizen or a lawful permanent resident.
• Adjustment of Status: If you are eligible for a green card through sponsorship by a family member or an employer, you may have the opportunity to adjust your status to become a lawful permanent resident. This process can effectively put a stop to the deportation proceedings and allow you to remain in the U.S. legally.
• Temporary Protected Status (TPS): Individuals from countries that are undergoing ongoing conflict, environmental disasters, or other extraordinary conditions may qualify for Temporary Protected Status. TPS provides temporary legal residence in the U.S. and protection from deportation, allowing you to live and work in the country during the designated period.
• Deferred Action: This discretionary relief provides temporary protection from deportation and work authorization but does not lead to permanent residency.
• U Visas and T Visas: Victims of certain crimes or human trafficking may qualify for these visas, providing temporary legal status and work eligibility.
• Filing a Motion to Terminate
• Combatting charges of inadmissibility or deportability from the Department of Homeland Security (DHS)
• Requesting a withholding of removal
• Requesting a waiver of inadmissibility/deportability
• Combatting USCIS denials

Relief from deportation is not only about avoiding removal; it represents a pathway to stability and security. Immigrants eligible for relief often experience a profound impact on their ability to work, live, and integrate into society. Therefore, each individual's story and circumstances must be carefully evaluated to align their situation with the most appropriate form of relief, ensuring they receive the full protection afforded under immigration laws.

Each defense strategy requires careful analysis and tactical planning. Reviewing the merits of each option involves evaluating eligibility criteria and procedural viability to ensure the best possible outcome is pursued. Legal representation at Essien Immigration Law ensures a thorough approach, seeing every option through the lens of previous and foreseeable developments in immigration law, thereby crafting robust defense strategies that account for potential challenges and adaptations in policy.

If you received a Notice to Appear, then deportation proceedings have started for you. Reach out to a qualified Phoenix deportation defense attorney at Essien Immigration Law as soon as possible. Call (602) 833-2650. Se habla Español.

Can I Appeal the Immigration Judge's Decision?

Yes -- you have 30 days to appeal the judge's decision to the Board of Immigration (BIA). If the BIA does not decide in your favor, then your case may be appealed further to the U.S. Court of Appeals. If they do not agree with you, then you may appeal to the U.S. Supreme Court.

What Is the Appeals Process?

If you receive a favorable verdict at either the Master Calendar Hearing or the Individual Merits Hearing in your deportation case, it means the judge has ruled in your favor and you will be allowed to remain in the United States. However, if the judge rules against you and signs a removal order, it is crucial to take further action to protect your rights.

Options for appealing the immigration judge's decision:

1. First Appeal: Appeal your case to the Board of Immigration Appeals (BIA). The BIA is an administrative appellate body that reviews immigration judge decisions. You must file a Notice of Appeal with the BIA within 30 days. It is essential to have a skilled Phoenix deportation defense lawyer by your side to prepare persuasive legal arguments and present your case effectively.
2. Second Appeal: If the BIA affirms the immigration judge's decision or remands the case back to the immigration court, and you still believe there are legal errors in the decision, file a petition for review with the United States Courts for the Ninth Circuit, which is the federal circuit court of appeals that covers cases in the western states, including Arizona. The Ninth Circuit will review the case to determine if there were any legal errors or violations of your rights during the proceedings.
3. Final Appeal: In rare circumstances, if you are dissatisfied with the Ninth Circuit's decision, you may seek a final appeal by petitioning the United States Supreme Court. However, it is important to note that the Supreme Court receives numerous requests for review each year, and they only grant a small percentage of these petitions. The Supreme Court typically reviews cases that involve significant legal issues or conflicts among different circuit courts.

Each level of the appeals process offers a unique opportunity to revisit and potentially overturn unfavorable decisions. However, strict procedural rules and tight timelines govern the appeals, necessitating prompt and precise legal actions. Ensuring that your written legal briefs are compelling and meticulously drafted is critical, demanding the involvement of an adept deportation lawyer Phoenix residents can trust who understands both the nuances of immigration law and the strategic intricacies of formal appeals.

If you are facing deportation and need assistance with the appeals process, contact our skilled Phoenix deportation defense attorney. We are dedicated to protecting your rights and advocating for the best possible outcome in your removal proceedings.

Call a Phoenix Deportation Lawyer at (602) 833-2650

At Essien Immigration Law, we understand the urgency and stress that deportation cases can bring. That's why we offer 24/7 availability to address your concerns and provide the guidance you need during this difficult time. With years of experience in deportation defense, we have helped numerous clients in Phoenix fight deportation and achieve successful outcomes.

If you or your loved one is facing deportation, contact our deportation defense lawyer in Phoenix. We are dedicated to providing aggressive and effective representation to protect your rights and advocate for your best interests throughout the deportation process.

Contact us now for a consultation at (602) 833-2650 or via message and let the lawyer who was once an immigrant fight for you.

FAQs About Deportation Defense in Phoenix