Irvine Deportation Attorney
Aggressive Removal Defense in Orange County
Deportation threats can be scary and overwhelming. Often times, individuals are placed into deportation after spending some time in jail. These are usually called "ICE holds" or "ICE detainers". Other times deportation is triggered by re-entering the United States or submitting a petition to USCIS which is ultimately denied.
If you received a notice to appear before an immigration court, this means that you are in removal proceedings and you need to immediately begin building your defense with an immigration attorney who can help you protect your ability to stay in the United States.
Avoid Deportation with Legal Representation
Deportation or removal hearings can have devastating effects, but a skilled attorney can ensure that your case is backed by experienced and aggressive representation. Even more so if you were convicted of a crime. You cannot afford to go through this time without proven, tough legal representation! That is exactly what you will find at Yekrangi & Associates.
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 of 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 reason 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.
Appearing at a Deportation Hearing
When attending a deportation or removal hearing in front of an immigration judge, make sure you have an experienced deportation defense attorney at your side. If you are represented by an attorney who is inexperienced in deportation cases, the chances of you losing are high. Many people do not take their time to search for the most experienced attorney for their removal case. On the contrary, they find cheap attorneys or choose to appear before the judge without a lawyer. This can be a disaster as you are setting a record in the presence of an immigration judge.
If you lose your case and appeal the Judge’s decision, the record is already set by you or your failed attorney for the appeal. Exhibits and hearing transcripts are contained in the record of proceedings, including a copy of applications that you submitted either by yourself or through your representative.
How to Win a Deportation Case
Failure to make a good record on your own may make it difficult for the new deportation lawyer to claim victory during the appeal. The BIA (Board of Immigration Appeals) conducts its operations from Falls Church, Virginia. The Board cannot see nor hear from you. They look at your printed record, the immigration judge's decision, and the legal briefs of the attorneys. In case of an unfavorable BIA ruling, you have the option to appeal in Federal Court. Keep in mind that the Federal Court relies on the record of the previous proceedings as well.
The U.S holds thousands of immigrants who are eligible for deportation relief. Unfortunately, some of them are not in a position to make bail while others have been detained without bail. Knowing your rights is vital in immigration detention and representation matters.
Below are different types of immigration relief available to those in immigration court (EOIR) proceedings:
- Adjustment of Status in Immigration Court
- Cancellation of Removal for Permanent Residents
- Non-Legal Permanent Residents Cancellation of Removal
- Withholding of Removal
- Waivers in Immigration Court
- CAT Protection (Convention Against Torture)
Our office represents individuals throughout the following deportation facilities:
- Adelanto Detention Facility
- California City Correctional Center
- Contra Costa West County Detention Facility
- El Centro Service Processing Center
- Otay Detention Facility
- Sacramento County Jail
- Yuba County Jail
- James A. Musick Facility
- Theo Lacy Facility
Get support from an Irvine deportation attorney. Call (949) 478-4963for a consultation. We offer services in Spanish, Mandarin, and Farsi.
Reasons for Deportation
There are many reasons for deportation described in the U.S. Immigration and Nationality Act § 237.
These deportable offenses include but are not limited to:
- Certain misdemeanors
- All felonies, whether aggravated or not
- Fleeing an immigration checkpoint
- Smuggling an illegal alien into the United States
- Committing marriage fraud
- Failure to register as a sex offender
- Violation of certain protective orders
- Conviction of a drug crime in any country
- Conviction crimes involving moral turpitude
- Involvement in human trafficking
- Failure to notify the proper authorities regarding a change of address within 10 days
- Engaging in or inciting terrorist activities of any kind, or appearing likely to do so
- Participation in certain crimes such as genocide, religious persecution, recruitment of child soldiers, and Nazi persecution
- Voting in a U.S. election illegally
- Failure to lift the conditions on your conditional permanent residency card
Criminal Charges and Deportation
When you are seeking to immigrate to the United States, it is crucial that you have a clean record. Even if you gain residency or have a valid green card, your status could be threatened if you are convicted of committing certain types of criminal activity. A criminal record or conviction may impede you from obtaining permanent resident status or could even result in you being deported from the country.
If you are not a United States Citizen, it is imperative that you consult a removal attorney experienced with criminal law to help reduce the chance you will be deported.
- How Pending Criminal Charges & Non-Citizenship Status Present Removability Problems, but Also Opportunities
What Crimes Could I Lose My Green Card Over?
There are certain crimes that are considered more serious compared to other crimes. While a minor crime may result in a slap on the wrist, if you are convicted of a major crime, it could ultimately lead to your removal from the country. However, knowing which crime results in deportation requires a seasoned immigration attorney. Even "minor" offenses may have drastic consequences under immigration law. Attorney Ashkan Yekrangi can step in to provide the proven deportation defense you need to protect your status.
Some crimes that can result in deportation:
- Drug Offenses
- Sexual Assault
- Money Laundering
- Domestic Violence
- Alien Smuggling
- Murder or Manslaughter
- Firearms Convictions
If your crime was a petty offense or could be argued down to one, then you may be able to avoid removal. There are many ways an attorney can plea bargain with the prosecution to attempt to ensure your crime does not make you inadmissible or deportable. Criminal convictions can also play a role when you chose to naturalize to become a United States Citizen, and some crimes are a permanent bar to obtaining citizenship.
While most misdemeanors cases do not lead to deportation, if you have a significant enough record, you could face other consequences. You need a seasoned Orange County immigration lawyer who can defend your name during this time!
Call a deportation attorney in Orange County at (949) 478-4963.
Post-Conviction Relief and Deportation
If you have a past criminal conviction, you may be able to use post-conviction relief to avoid deportation or other complications. Through post-conviction relief, you can work to vacate your conviction, or essentially withdraw your guilty plea. This is different than a simple expungement because expungements are not recognized by immigration law.
How can you successfully secure post-conviction relief? You may be able to do this by demonstrating that you had ineffective legal counsel, were not properly warned about the consequences for your guilty plea, or that
Call an Irvine Deportation Lawyer at (949) 478-4963
If you or someone you love has been threatened by deportation, don't fight it alone. Immigration law is complex -- let a seasoned attorney at Yekrangi and Associates help you. We have a thorough understanding of the law. With an attorney devoted to removal defense, you have a better chance of winning your case. If you were arrested in the past, it is even more crucial to get help from an attorney. Contact us today.
- What is Pending Asylee Status?
- Application for Permission to Reapply for Admission into the US. The I-212 Waiver.
- USCIS Expands Policy on Initiating Removal Proceedings
- Asylum: The One-Year Application Rule and the Exceptions
- Travel Ban General Overview
- Is DACA Back?
We offer services in Spanish, Farsi, and Mandarin.
Schedule an initial consultation with a deportation attorney in Orange County at (949) 478-4963.
What is Adjustment of Status?
- Adjustment of Status,
Grounds for Special Immigrant Juvenile Status
Can I Request USCIS to Reopen My Immigration Application?
Can I Bring My Sibling to the United States?
- Family Based Immigration,
How to Challenge Criminal Conviction for Immigration Purposes
- Criminal & Immigration,
What are the Exceptions to the One-Year Filing Requirements for Asylum?