NATIONALLY RECOGNIZED FEDERAL LAWYERS
Deportation and Removal Defense Attorney Lawyers
|Last Updated on: 26th August 2023, 09:32 pm
Brooklyn may be part of New York City but it is a welcome destination in its own right. This borough of over a million people is also a thriving community that welcomes artists and people with big dreams from around the world. Just across the bridge from Manhattan, it makes an ideal destination to explore the big city. Given the city’s allure, it’s hardly a surprise that many people, even those who are not here legally, have chosen to make this place their home base. While the region is happy to have just about anyone who can afford to live there be part of the community, laws are still enforced here. Anyone who wants to make their home here is required to be a legal citizen or here on a valid visa. Those who do not may face all kinds of penalties. Law enforcement officials understand that circumstances may change. Someone who was here on an expired visa may now have legal permission from the government to stay. At the same time, someone who is not here legally may continue to be in violation of immigration laws. In that case, they can be subject to removal at any time even in Brooklyn where many officials are not in favor of many national immigration laws.
Help With Legal Issues
Many issues may arise from being in Brooklyn and the United States illegally. These issues include the ability to work, to buy properly and to avoid facing potential problems in the event of a minor traffic accident. People who are currently facing issues with law enforcement as a result of immigration law violations should be aware of any next steps they will face. For example, an order of deportation and removal can have serious consequences. The order may take place immediately and require the person to report to a Brooklyn court. There, they may be facing the possibility of immediate expulsion from the country. This is why legal counsel is essential. Legal counsel can help anyone in the borough understand what rights they have in regards to the system. Many regional officials here in Brooklyn are known for their sympathies towards those who have deliberately broken the nation’s immigration laws. Sympathies aside, they still must follow the laws as given. A police officer may have no choice but to arrest someone even if they do not agree with the reasons for the arrest. The same is true of a judge. The judge will need to enforce any laws that cover the defendant’s situation.
Time is Crucial
In any case pertaining to immigration, time is of the essence. While Brooklyn law enforcement officials must contend with thousands of cases a month, in many instances cases pertaining to immigration may move more quickly. The client may be facing a hearing months before they had anticipated doing so. They may also be facing a situation where law enforcement officials come to their personal place of business or home and take them to jail for further processing. In that case, proper legal representation is a must. Quick, effective counsel can make a true difference. A lawyer can help any immigration defendant understand what is likely to happen in the near future. They can also help them make any specific arrangements that might be necessary such as letting a loved one know they are being detained.
An Effective Defense Strategy
Perhaps above all, a lawyer can help by creating an effective defense strategy. Laws created by the federal government are still enforced even on a local level. However, such laws still have at least some room for judges and other law enforcement officials to make personal decisions and recommendations. A judge may decide that it is not in the community’s best interest to order someone deported immediately. The judge can issue specific rulings that allow the person to stay in the country as their case continues. Many Brooklyn judges are accountable to local citizens who have a say in whether or not they continue to remain in office. Lawyers can help their clients figure out how to rally local support and convince the judge to consider other factors. A great defense strategy can lead to great outcome.
Brooklyn Deportation Attorney Lawyers
Time is of the essence when it comes to deportation and removal issues. If you or a family member is facing deportation, please seek the advise of an experienced Brooklyn deportation attorney lawyer. The attorneys at the Spodek Law Group are here to help you 24/7.
The Start of Deportation Proceedings
When the Department of Homeland Security (DHS) decides to deport an individual, they issue Form I-862, which is the Notice to Appear (NTA) in immigration court. This form must be served to the immigrant properly, which means directly to that individual. If the respondent cannot be found, the immigration court can issue a deportation order in absentia. However, once the respondent is found, that order can be stayed by the courts to allow the case to be reopened.
The Notice to Appear will provide the reason for why DHS wants to deport the individual.
What Triggers Deportation Proceedings
The main trigger for deportation proceedings is criminal activity. This activity could be a current issue or one thought resolved decades ago. The most common crimes that trigger deportation include:
- Possession or sale of drugs
- Sexual offenses
- Sexual abuse of a minor
- Endangering the welfare of a child
- Fraud of any sort
- Burglary
- Robbery
- Murder
- Rape
- Drug trafficking
- Domestic violence
- Stalking
- Weapons possession
If you, or a family member, are facing charges, you need to speak with an experienced Brooklyn deportation attorney lawyer before taking a plea agreement. When you plead guilty, the US Immigration and Customs Enforcement officials will begin deportation proceedings. How you handle the plea agreement will heavily influence whether there is any relief from being removed.
Is There Relief from Deportation Available?
Many immigrants are eligible for relief from removal. However, in some cases, there is no relief available. Because there is always a chance for deportation, you must speak with an experienced attorney as soon as possible. They will know the options that might be available to you and your family.
- Cancellation of the deportation order
- Waivers under certain federal laws, specifically INA § 212(c), INA § 212(h) and INA § 212(i)
- Adjustment of the individual’s status
- Asylum
- Withholding of removal
- Protection under Article 3 of the United Nations Convention Against Torture
The facts of your case are going to heavily influence whether you are eligible for deportation relief or not. The judge will consider the facts of the case as well as surrounding factors such as:
- Length of residency
- History of employment
- Status of family members (citizens, permanent residents, etc.)
- criminal history (one time offense or ongoing pattern)
- Community involvement
- Hardships deportation would cause family members
- Positive and negative factors involved with the case
Often, if the positives outweigh the negatives when it comes to your life in the US, the judge is going to rule to stop the deportation proceedings. However, there are no guarantees when it comes to deportation proceedings. Some judges come down hard for even the pettiest offenses. But, the more positive information you present, the more likely the immigration judge will stop the deportation proceedings in your favor.
If you win in Court, ICE does have the option to appeal the decision to a higher court. You also have the option to appeal the decision if you lose. Appeals are common and can draw out the process for a long period of time.
Detention During Deportation Proceedings
Some non-citizens are subject to mandatory detention based on certain criminal and security related issues. The Supreme Court has held that the government may detain certain classes of permanent residents without bond hearings to see if they are a danger to the community or a flight risk.
Those subject to mandatory detention will not be released before going to immigration court for deportation proceedings. They must challenge the case while remaining in custody. If you think you or a loved one is subject to mandatory detention, you need to contact a deportation attorney in New York today to discuss the situation. If you are detained by ICE, you will have no options available.
Experienced Legal Representation is Critical
Your best chance in immigration court is to have an experienced Brooklyn deportation attorney lawyer at your side. The attorneys here at the Spodek Law Group are here to help you. They can help you put together and present the best case possible. They can advise you on what options are available. They can help you every step of the way. Call today to schedule a consultation with one of our attorneys.
Brooklyn Deportation Defense Lawyers
Anyone that is not a native of this country, and is currently not an American citizen, knows how a threat of deportation and removal from the country can cause severe fright and anxiety. There are many reasons why an immigrant would be in this situation. Sometimes a green card could expire, or an immigrant might commit some type of crime. Both instances could get a notice of deportation from the government. It is crucial to talk with the Brooklyn deportation defense lawyers at NYC criminal Attorneys. These dedicated lawyers work at the Brooklyn Spodek Law Group, and this firm cares about each and every immigration case that they handle.
When individuals need legal advice regarding a threat that they will soon be deported, they do not have the option of time. It is crucial for these individuals to make an absolutely free, no risk or obligation consultation appointment as soon as they can. Simply give this firm a call, and a skilled immigration lawyer will immediately be put on your case. No one knows better than these experienced deportation defense lawyers how quickly the government can move when deportation is possible. With immigration being a nightly topic in news reports, finding a law firm unafraid to go the distance to keep you and your family safe and free can be life changing.
If a criminal charge has been issued, report this to the attorney right away. Often, the government might jump the gun with immigration cases in determining that someone is guilty even before the case has been tried. A competent attorney will build your defense and work to resolve the legal issues at hand. Some immigrants might be in trouble for simple mistakes like driving recklessly or becoming disorderly at a public event. Your lawyer will research the facts in your case to get a favorable resolution.
This respected law firm was opened because some of the team were also immigrants at one time. These caring individuals want to help as many immigrants gain their citizenship like they did. A trained immigration lawyer is able to get through confusing paperwork and requirements to get their clients on the road to citizenship and stability. When some government officials review a case, they are often overworked, and it is easy for them to make mistakes or rush to a judgement without looking into all of the actual facts beforehand.
It can be intimidating for individuals not accustomed to the US court system to go through a legal trial of any kind. Language is often a barrier if the individual has not yet become fluent in English. A Brooklyn based law firm devoted to immigration law knows all too well how this can feel. It is frightening not to understand what is happening. Some have gotten to the deportation stage simply because they couldn’t read or understand previous notices and didn’t meet the required deadlines to prove their case. An immigration attorney is able to use this as part of their defense strategy.
When someone that knows the legal system is on your side, the whole process suddenly becomes easier. Many of the attorneys that work at this bilingual law firm speak more than one language. The firm is proud to offer legal representation that can include making sure that every client is able to fully understand all of the proceedings, the next steps and the legal documentation that applies to their case. This can be a huge relief for the individual and their families as well. Deportation can tear apart families unnecessarily, and for an unknown period of time. This can be devastating for all involved.
Many nonnative individuals are unaware of how the American court system operates. They may have experienced unfair courts in the lands where they were born, and now are distrustful of all government and law enforcement officials. This is where an immigration lawyer can be an immense help. They can be the go-between so that the client doesn’t feel threatened or unsure of what to say or how to act. The attorney assigned to the case will remain until the case is resolved in an acceptable manner. Visit https://www.nyccriminalattorneys.com for additional information regarding deportation defense lawyers.
If you aren’t a U.S. citizen, a New York conviction for a deportable crime can have serious adverse consequences on a person’s immigration status. Many types of convictions can result in a person who isn’t a U.S. citizen being deported. With certain criminal charges, a person doesn’t even need to be convicted to be subject to deportation. Simply committing certain acts like drug trafficking is a deportable charge, regardless of whether the accused is ever convicted of the charge.
The Type of Attorney that You’ll Need
Unfortunately, people who are not a U.S. citizens are sometimes represented by lawyers who either don’t fully understand or don’t think out the consequences of a guilty or no contest plea when in a criminal courtroom. Regardless of the fact that the immigrant got good advice and effective representation on a state criminal charge against him or her, the result might be drastic if deportation proceedings are brought in a federal immigration court. That’s why it’s particularly important for people who aren not U.S. citizens to retain the services of an attorney who practices in both criminal law and immigration law. That statement rings resoundingly true now that federal immigration officials have been ordered to increase deportations, especially for those who have been convicted of criminal offenses in this country.
Who can be Deported?
Any person who is in this country who is not a U.S. Citizen can be deported upon conviction or a plea of no contest to certain offenses. It doesn’t matter how many years that the person has lived in the U.S., whether he or she has a dependent child in the U.S. or whether the person is here legally. The bottom line is that if you’re not a U.S. citizen, you can be deported. The types of crimes that a person might be deported for are classified broadly, and they’re not limited to felonies. A person can be deported for a mere misdemeanor conviction.
Removal Hearings
If U.S. Immigration officials have reason to believe that a person is deportable due to a criminal conviction or plea of no contest, that individual has the right to a removal hearing before a federal immigration judge. Written notice will operate to advise the person of the date, time and location of the hearing, the reason why deportation proceedings have been initiated and their right to have an attorney represent them in the hearing. At the hearing, the immigrant has the right to present any evidence on their own behalf and cross examine any witnesses against him or her.
Rights Before Taking an Appeal
People that have deportation orders taken against them have certain rights before they take an appeal. Those might be a motion to reopen the case and review the deportation order, a motion to reopen the case due to changed circumstances in the movant’s own country or a motion to reopen the case due to new facts or circumstances. If these motions are denied, a person can still exercise his or her right to an appeal, but the affected individual must first request a stay of the deportation order. That stay would be issued either by the judge who issued the deportation order or the Bureau of Immigration Appeals.
Appeals
If the immigration judge rules against you, and you believe that the law was misapplied or misinterpreted, you have the right to an appeal with the Bureau of Immigration Appeals. Any such appeal must be filed within 30 days of the judge’s order. So long as the appeal was taken on a timely basis, deportation is automatically put off. Should the Bureau of Immigration Appeals rule against you, another appeal can be taken with the federal appellate court for the specific circuit that you’re in. After that, you must ask the U.S. Supreme Court to take your case.
You can contact a Brooklyn criminal deportation lawyer from our offices to arrange for a consultation and case review on any potential deportation issue. He or she will listen to your carefully, answer your questions and advise you of your full range of legal options. Don’t hesitate to contact us on any deportation issue.