The prospect of facing deportation is immensely frightening for millions of undocumented people. For many, deportation means the separation of a family or the worrisome change in a person’s life. The sudden shock and fear of being deprived from what knows and loves is followed by deep financial issues. Regrettably, financial challenges are not unique to a particular immigration status, as even those who hold a permanent residency status can commit a mistake that can immediately result in deportation processes. Depending on a person’s specific case, preventing deportation can be possible. Here, we will discuss some of the most common deportation defenses.
Legal Actions to Prevent Deportation
Receiving a Notice to Appear before an immigration judge can be intimidating and overwhelming for the mass majority of undocumented citizens. Challenging the deportation, however, is possible. The following are a few legal strategies that can be used to prevent the deportation of a person.
Motion to Terminate
It is possible to argue to the hearing immigration court that the United States Immigration and Customs Enforcement has failed to demonstrate the accusations of deportability and/or inadmissibility.
Bond Redetermination Hearing
Under certain circumstances, when ICE is detaining a person, it may be possible to challenge the detention because the detainee is not subject to the mandatory detention section 236(c) under the Immigration and Nationality Act.
The INA provisions state that undocumented citizens that have certain criminal convictions will need to be detained by ICE officials. Individuals that are subject to mandatory detention will not be entitled to have a bond hearing and will need to remain in detention while the removal process is pending.
For individuals subject to mandatory detention, the following factors must be met:
- Affected individuals will need to come within certain types of crime grounds for deportability and/or inadmissibility. (See INA 236(c)(1)(A) – (D).
- Individuals inadmissible for committing offenses involving a crime of moral turpitude or drug offense (described in INA § 212(a)(2));
- People deportable for having committed any aggravated felony, drug offense, firearm offense, or crime related to espionage (under INA § 237 (a)(2)(A)(ii) [multiple CIMTs], 237(a)(2)(A)(iii); 237(a)(2)(B); 237(a)(2)(C; or 237(a)(2)(D));
- People deportable for having been convicted of a crime of moral turpitude, which was committed within five (5) years of admission and/or has been sentenced to imprisonment of at least one (1) year (under INA § 237(a)(2)(A)(i)); and
- People inadmissible for being involved in terrorist activities (under INA § 212(a)(3)(B) or deportable under INA § 237(a)(4)(B)).
This petition will allow qualifying undocumented persons the opportunity to remain in the country despite failing to meet all requirements.
A qualifying person can seek residency status through the connection of a permanent resident or U.S. citizen family member. The qualifying person can obtain permanent residency without being removed from the country when completing the visa processing.
Requesting Prosecutorial Discretion
It may be possible to request ICE to withhold the person’s prosecution under humanitarian reasons. It also may be requested based on the person’s low-priority for deportation status.
Hire an Experienced Immigration Law Attorney
Deportation is the formal removal of a foreign nation from the United States for the violation of an immigration law. Under certain circumstances, non-citizens are able to appeal the deportation. If you or someone you know is facing deportation from the country, you should know that you have rights. If you feel that your civil rights have been violated, you are able to file a complaint with the Department of Homeland Security.
Deportation is a sensitive matter that demands swift action. If you are facing deportation, seek the legal skills of an attorney who has the right experience.
Attorney Oliver P. King is committed to the vigorous defense of foreign nationals facing deportation and proceedings of removal initiated against them. Attorney King has the skills and experience necessary to successfully secure removal cancellations of eligible clients and obtain waivers of inadmissibility and amnesty before multiple boards of appeal. If you are facing deportation, contact the support of a qualified immigration law attorney today.