Deportation is one of the most serious actions the U.S. government can
take against a non-citizen here in the U.S. If you are subject to a deportation/removal
order, it is critical that you know what your rights are, the options
that are available to you, and how a dedicated and knowledgeable Orange
County immigration lawyer can assist you.
The Deportation Process
Depending on the circumstances of a case, the deportation process can begin
differently. For instance, if it is believed that the non-citizen committed
a crime, the Immigration and Customs Enforcement (ICE) may take action
to arrest and detain the non-citizen and begin removal proceedings. If
the Department of Homeland Security (DHS) believes that someone has an
illegal status, then that individual may be served a Notice to Appear
(NTA) document. Either way, the non-citizen should be made aware of the
details of their case and their rights.
If you are subject to a removal proceeding, you should be informed of:
- The reason why you are being called to appear
- How your status has been violated (or how you broke the law)
- The consequences for failing to appear
- That you have a right to hire an attorney
If you have not committed a crime and are considered a low flight risk,
it is likely you will not be detained during this time. If you are detained,
however, a legal counselor can help navigate your case.
There are potentially two types of hearings a non-citizen can face once
removal proceedings have begun. The first of these is a master calendar
hearing. This hearing allows the accused to confront the order against
them and either accept the deportation or proclaim their intention to
challenge the removal order. Failure to miss this hearing can result in
an automatic order of removal—so it is extremely critical that you attend.
If you have decided to challenge the removal order, the non-citizen will
then attend a merits hearing with an attorney. Here, the non-citizen can
present the reasoning why the removal order is uncalled for and why they
should be able to stay in the country. Failure to attend this hearing
(or any subsequent merits hearing) can also be damaging to your case and
result in deportation.
Why Having An Attorney Is Important
As frightening as the removal process is, those subject to them do have
rights and, often, options. There are actually a number of different remedies
to a removal order and having an attorney by your side isn't just
the best way to secure one—it is required for your merits hearings.
Possible remedies for a deportation case include:
- Cancellation of removal (based on good standing)
- Proving the grounds for removal are incorrect
- Proving that your NTA document did not reach you in time
- Voluntary departure (which is less damaging to your record)
- Stay of removal from the Board of Immigration Appeals or the DHS
Whatever the circumstances of your deportation matter might be, it is highly
recommended that you contact an attorney. At the
Law Office of Ashkan Yekrangi, P.C., we have helped countless clients and families resolve their immigration
matters, including deportation and removal proceedings.
Don't wait to start exploring your legal options. Call our offices
today for a
free case evaluation.