Removal & Deportation
Harlingen, Texas Removal Defense Attorney
DHS / ICE Deportation and Removal
Not all immigration law is about planning. Unfortunately, sometimes a person who is present within the United States will be detained and brought before an Immigration Judge for removal or deportation proceedings. When that happens, you and your family will need to move quickly to make your strongest legal defense.
Can I Be Deported?
When your legal status is in question, every day comes with the worry that Immigration & Customs Enforcement (ICE) may disrupt your life and separate your family. Undocumented immigrants may suddenly find themselves in a detention center for several different reasons, including, but not limited to, if they have:
A felony or serious misdemeanor conviction
Overstayed their temporary work visa or student visa
Been reported to ICE
Been targeted in a Customs & Border Patrol raid
What to Expect at a Removal Hearing
Removal (formerly called deportation) is the process immigration courts use to determine if an undocumented immigrant should be removed from the United States. The Department of Homeland Security (DHS) starts the process by filing a "Notice to Appear" with the immigration court and sending a copy to the non-citizen in question.
Non-citizens without legal status served with a Notice to Appear have the right to hire a lawyer. (There is no court-appointed option.) The first appearance is called a Master Calendar Hearing. In some cases, the non-citizen may be eligible for a bond hearing as well. You must attend this hearing or the judge may issue an order of removal against you. At that hearing, immigration attorney Ana Maria Villegas will raise any defenses you may have and will advocate on your behalf.
If you have a valid defense, your matter will be set for a Merits or Individual Hearing. At this hearing, Ms. Villegas will put forth your strongest case. You may be asked to testify on your own behalf. Ms. Villegas may also present evidence and witnesses, including experts. At the end of the hearing, the Immigration Judge will make a ruling on whether you should be removed from the U.S. or allowed to remain.
Defenses to Removal
There are several meaningful defenses that can help keep your family together under one roof in the face of a charge for removability. The Villegas Law Office will carefully review your circumstances to determine, for example:
- If there were errors in the charge for removal (such as mistaken identity or non-removable offenses)
- If you qualify for a green card through marriage or another close family relationship
- If you qualify for asylum
- If you qualify for a "cancellation of removal" based on your time in the U.S., your moral character, and unusual hardship to a relative who is a legal resident or citizen
Without an experienced immigration attorney like Ana Maria Villegas at your side, the Immigration Judge may never learn about these defenses. You need to present your strongest legal defense to protect your livelihood, your home, and your family.
Expedited Removal
In some cases, recent arrivals, non-U.S. citizens who hold themselves out as U.S. citizens, or immigrants who obtained their documentation by fraud or misrepresentation will be deported without completing the formal procedure. This expedited removal process eliminates the opportunity to present defenses before an Immigration Judge. However, if you move fast enough, sometimes an immigration attorney can still help to raise defenses with DHS directly and at least slow the process down so that a full hearing can be held.
Contact a Removal Defense Attorney
If you are concerned about what to do in case you are apprehended by ICE or CPB, a skilled immigration attorney will discuss your options and ways to be prepared. If you have already been apprehended by ICE or CBP, an experienced immigration attorney can explain the charge for removal and seek out defenses to help you stay in the United States.
Whether your loved one has already been apprehended by ICE or CBP or if you just want to be prepared in case something should happen in the future, contact the Villegas Law Office, PLLC, in Harlingen, Texas today to schedule a consultation with a skilled immigration attorney. It's better to know your rights, your options, and how to be prepared beforehand. There is no time to waste when DHS starts removal proceedings against you or a loved one.
Harlingen, Texas Deportation Defense Attorney — Villegas Law
Harlingen, Texas deportation defense Attorney Ana Maria Villegas provides removal and deportation defense against ICE and DHS removal proceedings.
Not all immigration law is about planning. Unfortunately, sometimes a person who is present within the United States will be detained and brought before an Immigration Judge for removal or deportation proceedings. When that happens, you and your family will need to move quickly to make your strongest legal defense.