Deportation Defense Strategies: Legal Rights and Options When Facing Removal

Facing deportation is a frightening experience that can leave individuals and families uncertain about their future in the United States. For immigrants at risk of removal, understanding the legal options available can be critical to avoiding deportation and securing a stable immigration status. At Gladstein & Messinger, P.C., we have extensive experience in deportation defense, helping our clients protect their rights and stay in the U.S. Read on to learn about your legal rights and options when it comes to removal, and contact Gladstein & Messinger, P.C., for help from a skilled and experienced New York deportation defense lawyer.

Rights of Individuals Facing Deportation

Whether you’re a lawful permanent resident (LPR) or undocumented, you have certain rights when facing deportation. These rights are fundamental, and knowing them can make a significant difference in the outcome of your case.

1. Right to a Hearing Before an Immigration Judge One of the most important rights is the ability to have your case heard before an immigration judge. Deportation does not happen automatically; the government must prove that you are removable. During this hearing, you can present your case, contest the charges, and request relief from removal.

2. Right to Legal Representation While the government is not required to provide you with an attorney, you do have the right to hire one. An experienced immigration lawyer can offer critical assistance by navigating complex laws and helping you build a strong defense. It is essential to have legal guidance to understand your options fully.

3. Right to Appeal If the immigration judge orders deportation, you have the right to appeal the decision. Appeals can be made to the Board of Immigration Appeals (BIA) and, in certain cases, to federal courts. Filing an appeal can halt deportation until the higher court reviews your case.

4. Protection Against Unlawful Detention If you are detained by immigration authorities, you have the right to a bond hearing to determine if you can be released while your case is pending. Securing bond release can give you the opportunity to remain free during your case, allowing you to work and remain with your family.

Legal Options for Defending Against Deportation

Several deportation defense strategies are available depending on your individual circumstances. The right approach will depend on factors such as your immigration status, family ties, and whether you have committed any criminal offenses. Below are some common defense strategies used in deportation cases.

1. Cancellation of Removal

Cancellation of removal is a powerful option available to both lawful permanent residents and non-permanent residents. If granted, this relief allows you to remain in the U.S. and may even lead to a green card.

• For Lawful Permanent Residents: LPRs must show that they have been a green card holder for at least five years, have continuously resided in the U.S. for at least seven years after being admitted, and have not been convicted of an aggravated felony.

• For Non-Permanent Residents: Non-LPRs must prove they have lived in the U.S. for at least 10 years, have a qualifying U.S. citizen or permanent resident family member who would face extreme hardship if they were deported, and have good moral character.

2. Asylum or Withholding of Removal

Individuals who fear persecution in their home country may apply for asylum or withholding of removal. To qualify, you must demonstrate that you have been persecuted or have a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

• Asylum: This option is available to individuals who apply within one year of arriving in the U.S. and can lead to permanent residency.

• Withholding of Removal: This is similar to asylum but has a higher burden of proof and does not lead to permanent residency. However, it can prevent deportation to the country where you would face persecution.

3. Adjustment of Status

If you are eligible for a green card, adjusting your status to become a lawful permanent resident can be a solution to deportation. Individuals who have an approved family or employment-based visa petition may be able to apply for adjustment of status even if they are already in removal proceedings. Additionally, those married to U.S. citizens or with other family ties may qualify for this relief.

4. Deferred Action for Childhood Arrivals (DACA)

DACA provides certain undocumented individuals who came to the U.S. as children with protection from deportation. While DACA does not offer permanent residency, it does provide temporary relief from deportation and work authorization. If you qualify for DACA, you can renew your status every two years.

5. Voluntary Departure

In some cases, it may be in your best interest to request voluntary departure instead of facing a deportation order. Voluntary departure allows you to leave the U.S. on your own terms without receiving a formal removal order, which can have fewer long-term consequences for future immigration applications.

6. Waivers of Inadmissibility

Certain immigrants facing deportation due to criminal convictions or violations of immigration laws may be eligible for a waiver of inadmissibility. For example, a 212(h) waiver is available to immigrants convicted of certain crimes if they can show that deportation would result in extreme hardship to a qualifying family member. Similarly, a 601A waiver allows certain undocumented immigrants to remain in the U.S. while applying for a green card.

Building a Strong Deportation Defense

Each deportation case is unique, and the right defense strategy will depend on the specific facts of your situation. Working with an experienced immigration attorney is crucial to developing a strong defense. An attorney can help you identify which forms of relief you may qualify for, gather supporting documentation, and represent you in court proceedings.

At Gladstein & Messinger, P.C., we are committed to protecting the rights of immigrants and providing personalized legal solutions. If you or a loved one is facing deportation, our team is here to help. Contact us today at 718-793-7800 in New York or toll-free at 800-339-0535 to discuss your case and learn more about your legal options.