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Deportation Representation in Proceedings or Court

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Deportation Representation in Proceedings or Court

Kyle Morishita and Juan de Pedro in law office

If you or your family face deportation proceedings, you have the right to fair and just representation in immigration court. The immigration process can be overwhelming and confusing, but De Castroverde Law is here to answer your questions, assist in your legal defense, and guide you through each step. Our lawyers are fluent in English and Spanish and have experience with over a thousand removal cases combined. We know all of the proper steps to take during deportation proceedings. We know how to appeal removal orders. We will represent you fairly before the Board of Immigration Appeals.

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Las Vegas Deportation Lawyers

Immigration court requires all immigrant defendants to legally prove that they should be allowed to stay in the United States. It has been proven that families who have an attorney to represent them during deportation proceedings have a significantly greater chance of being allowed to stay in the United States than those without an immigration attorney. However, according to a report from the American Immigration Council, only 37 percent of immigrants could secure legal representation.

Deportation is considered a civil infraction rather than a criminal sanction, meaning non-US citizens are not guaranteed legal representation. The lack of appointed counsel means that many in deportation proceedings already face a disadvantage, which may impact their right to a fair hearing.

Immigrants who have attorneys are more likely to get released from detention, are more likely to be permitted to stay in the U.S., and are more likely to receive the asylum they seek. Immigration issues are complicated, and our expert attorneys could save you time and money by identifying your options and helping you find the best outcome possible.

Alex and Orlando De Castroverde and Kimberly Valentin conversingWe will assist you with filling out and submitting all necessary paperwork for an appeal of removal orders. Your chances of remaining in the U.S. are much higher with a devoted attorney representing you before the Immigration Court and the Board of Immigration Appeals.

Gaining entry to the United States as an immigrant requires complying with a complex and technical set of regulations. Sometimes the government argues that you have violated one or more of those regulations and begins deportation proceedings that could lead to your removal from the country.

Under U.S. law, you are entitled to qualify for legal representation during deportation proceedings in immigration court. The attorneys at De Castroverde Law have extensive experience with the deportation and removal process and stand ready to provide counsel, protect your rights, and hold the government accountable.

Our team understands that deportation and removal are scary terms. We will thoroughly answer your questions and help you understand the process as it unfolds. De Castroverde lawyers, serving Las Vegas and other parts of southern Nevada, are fluent in English and Spanish and have represented clients in immigration court in over 1,000 removal cases. The team also has experience with the Board of Immigration Appeals.

Our attorneys have put together this guide about deportation and removal to help answer your questions.

What are Deportation and Removal?

US Map with Immigration spelt out on it
Image via Flickr by jeffdjevdet | CC by 2.0

Deportation has commonly been understood to mean the act of sending someone back to their home country due to a violation of immigration law. In reality, deportation has been the name of the legal proceedings used to examine allegations of a violation. During the deportation process, you are provided with due process, and the government is required to prove its case.

One outcome of deportation proceedings could result in your removal from the country — in other words, an order that you be sent to your country of national origin. But since deportation proceedings are intended to provide due process, other outcomes may also be possible.

Another term you may hear about in this context is exclusion proceedings. These proceedings come into play in cases when a non-citizen is seeking but not yet approved for admission into the United States. During exclusion proceedings, the government must explain why it will not let the person applying for immigration status into the country.

In 2020, when the COVID pandemic started, the U.S. government conducted more than 185,000 removal proceedings, down from the prior year.

Grounds for Deportation

U.S. law cites a long list of reasons why an immigrant or non-citizen can be subject to deportation proceedings, most of which involve allegations of criminal behavior. The conditions are part of Section 237 of the Immigration and Nationality Act. A few examples of deportable acts:

  • Marriage fraud.
  • Smuggling.
  • Failure to register as a sex offender.
  • Committing crimes of “moral turpitude.”
  • Conviction of drug offenses.
  • Fleeing from an immigration checkpoint. 
  • Failure to tell the government of an address change promptly.
  • Lying on official documents used in immigration proceedings.
  • Links to terrorist organizations or signals of terrorist behavior.
  • Voting in violation of federal law.

Some deportable acts have subjective qualities to them. For instance, the government has the right to seek deportation if it feels someone’s presence in the country may create a significant foreign policy problem.

Deportations provide a forum to review the government’s evidence and allegations and give you a chance to present evidence in defense.

How Deportation and Removal Processes Work

The deportation and removal process involves several steps. However, it’s important to know that the Department of Homeland Security (DHS) has discretion on whether to initiate proceedings in each case, based on the administration’s policy priorities in power.

In most instances, deportation cases begin when you receive a notice to appear in Immigration Court. This is your official notification that the government believes it has grounds to seek your removal. During hearings in Immigration Court, the government will be required to justify its request, and you have the chance to defend yourself by presenting evidence that you have not violated conditions of your admission to the United States.

Deportation and removal can also proceed without court hearings under two circumstances. First, people arrested at the border without a visa or valid asylum claim may receive an expedited removal order, which means they must leave immediately,

A second possibility is when someone is already subject to a removal order. In that instance, the DHS is entitled to seek someone’s immediate removal without returning to Immigration Court.

What Happens During Removal Hearings

Removal hearings in Immigration Court consist of two steps. First, the government must prove its case by showing that someone is not a U.S. citizen and has committed a violation of immigration laws. This is called a “master hearing.”

Suppose a judge agrees with the government’s evidence. In that case, the case moves to an “individual/merits” hearing where you have the opportunity to apply for immigration status in an attempt to remain in the United States. You would need to show that you merit status based on family relationships, the fear of persecution in your home country, or the length of time you have already spent here.

If you are successful, then you can stay in the country. If you are not, then the judge will issue a removal order enabling the government to send you back or your country of origin. However, both you and government attorneys have appeal rights before for the Board of Immigration Appeals. Cases can be subsequently appealed to the U.S. Circuit Court of Appeals or even the U.S. Supreme Court.

These become complicated legal proceedings, which is why you need someone with experience at every level of the process. De Castroverde has the experience you need to defend yourself against deportation and removal.

Experienced Legal Counsel for Removal and Deportation Proceedings

Immigration is a controversial political issue, so you should not try to resolve a notice to appear for deportation proceedings yourself. Contact the immigration lawyers at De Castroverde for legal representation. We can discuss the facts of your case initially during a free no-obligation consultation. Should we become your representative, we will provide counsel to help you navigate these proceedings. Our team can help gather evidence and present it to the government and immigration court on your behalf. We can also seek to resolve the case short of removal. Call us or contact us online today for an appointment.

Immigration Attorneys Serving Las Vegas and Reno

At De Castroverde Law, we have a team of dedicated attorneys. We will represent you and your family to make sure you have a voice on your side during deportation proceedings and that your rights are preserved in an immigration court. We will help you during deportation proceedings, we will help you appeal removal orders, and we will represent you before the Board of Immigration Appeals. Contact De Castroverde Law today to learn more about your options and speak with an immigration attorney about your case.

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Immigration Attorneys with a History of Results

We are here to help you with your immigration legal issue, no matter how big or small. Our team of Spanish speaking immigration attorneys will guide you through the following:

A History of Results

Attorney Juan De Pedro explains how the De Castroverde Law group puts clients first in every possible way.

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Why You Should Hire an Immigration Attorney

We are here to help you with your immigration legal issue, no matter how big or small. Whether you need assistance with a visa petition, or whether you need to bring your immigration case to federal court, our legal team can guide you through the system and find a resolution.

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  • Blue check mark IconWe can help you and your family through every step of the process, from representing you at your deportation hearing to appealing removal orders to the Board of Immigration Appeals.
  • Blue check mark IconIf you wish to work in the United States, you have a variety of immigrant and non-immigrant visas to choose from. We are here to help you with work visas, work permits, and employment authorization documents.
  • Blue check mark IconWhether you already have a green card or whether you are just starting to explore the avenues to becoming a naturalized citizen, we can help.
  • Blue check mark IconWhile some simple immigration tasks do not absolutely require legal representation, other legal issues, such as appeals, greatly benefit from the help of an experienced immigration attorney.
  • Blue check mark IconSometimes immigration cases require litigation in federal court. We are here to help you both bring your case and obtain the best possible outcome.

Information & Frequently Asked Questions

  • What is Family-Based Immigration?

    One common type of immigration is family-based immigration. This occurs when one family member already lives in the United States lawfully, and another family member uses his or her relationship as a basis for immigrating to the U.S. There are two different types of immigration that are considered family-based:

    • Immigration of immediate relatives: There is no numerical limit on how many relatives are allowed to immigrate under these provisions. These laws cover the spouses, unmarried minor children, and parents of U.S. citizens. In order for a parent to apply, the citizen must be at least 21 years old.
    • Immigration by family preference: The number of family members admitted under these laws is limited to a little under half a million people per year. There is an extremely complicated weighting system that determines which applicants are allowed to immigrate. Family members who can apply under this system include adult children and siblings of U.S. citizens, as well as spouses and unmarried children of lawful permanent residents (LPRs). For a sibling to be considered, the citizen must be at least 21 years old.
  • What is Employment-Based Immigration?

    The United States allows people with certain valuable skills to immigrate either temporarily or permanently to the United States. Permanent employment-based immigration allows 140,000 people per year to come the United States. That number is broken up into various subcategories. As for temporary workers, there are more than twenty different types of visas depending on what sort of work a person will be doing here and what the duration of that work is.

  • Refugees and Asylum-Seekers

    Refugees and asylees make up a portion of those who immigrate to the United States. These people are typically fleeing persecution in their home countries or are unable to return to their homeland due to some sort of extraordinary or life-threatening condition. Each of these programs has strict requirements depending on an individual’s situation.

  • United States Citizenship

    In order for a person to become a United States citizen, he or she must have had his or her green card for at least five years. Under certain limited circumstances, this can be decreased to three years for certain applicants. A naturalization applicant must also be at least 18 years old, be able to demonstrate continuous residency, prove his or her good moral character, pass citizenship exams, and pay application fees in addition to other possible requirements. There are special rules that apply to members of the U.S. military who are seeking citizenship.

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What Our Clients Say About Us.

For nine years my wife and I struggled with our immigration situation. We both had stress, anxiety and depression until we talked to Jocelyn, an attorney over at De Castroverde Law. The first thing I liked about her is she gave it to us straight, she told us our possibilities and percentage rate we had of fixing our situation. Most other lawyers tell you what you want to hear just to take your money, but not her. She cares about you and your situation. She will walk you through the whole way. I am very grateful for her and will be every day of my life.Julian M.

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