Removal Defense

Swift and Skilled Legal Defense for You and Your Loved Ones

Sometimes a person who is present in the United States will be detained and brought before an immigration judge for removal or deportation proceedings. When that happens, you and your family must move quickly to build the strongest possible legal defense.

Understanding Deportation and Removal

Scenarios that could lead to deportation proceedings might include:

  • A felony or serious misdemeanor conviction
  • Overstaying your temporary work visa or student visa
  • Being reported to ICE
  • Being targeted in a Customs & Border Patrol raid

Immigration courts use a process called the removal hearing to determine if an undocumented immigrant should be deported from the United States. If you have received a Notice of Hearing from the court, you do not have the option of a court-appointed lawyer, but you do have the right to hire an attorney. However, whether or not you have an attorney, you are still required to appear for your hearing. Because of this, we recommend you have an attorney by your side.

The first appearance is called a Master Calendar Hearing, and in some cases you may be eligible for a bond hearing as well. You must attend the hearing or a 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 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. We 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.

Contact a Removal Defense Attorney

Whether your loved one has already been apprehended by ICE or CBP or you just want to be prepared in case something should happen in the future, contact the Villegas Law Office, PLLC to schedule a consultation with a skilled immigration attorney.