Finding out that Immigration and Customs Enforcement (ICE) has begun seeking your removal from the United States is a uniquely terrifying experience that can be understandably overwhelming to think about. Fortunately, there may be ways for you to fight back against this kind of proceeding and preserve your right to remain where you are, whether that entails challenging the grounds on which ICE has based its case against you or arguing that deportation would put you in immediate and life-threatening danger.
Whatever form your case takes, assistance from a Montgomery deportation defense lawyer could be essential to effectively pursuing a positive resolution. A seasoned immigration attorney who has helped individuals in similar situations to yours could help construct a strong defense strategy tailored to your unique circumstances and fight tirelessly to protect your best interests and those of your family. En español
If the Department of Homeland Security—of which ICE is one of several divisions—suspects that someone is residing in the United States unlawfully, the first step in the removal process is serving that individual with a Notice to Appear. This Notice’s purpose is to inform the individual suspected of unlawful residence that ICE is seeking their removal for the country, the grounds on which ICE is pursuing the case against them, what rights they have during the upcoming procedures, and what consequences may come from failing to appear before an immigration judge when requested to do so.
Additionally, the NTA will set a date for a Master Calendar hearing that the recipient must attend even if they have yet to retain legal counsel, since failing to do so will result in an automatic order for removal that forbids reentry into the U.S. by any means for at least 10 years. If a Notice recipient does not intend to contest their removal proceedings, they may be able to negotiate for “Voluntary Removal” during this hearing, allowing them to avoid having a removal order put on their record.
Conversely, if a Notice recipient declares an intent to fight their removal, the immigration judge presiding over the Master Calendar hearing will schedule a merits hearing for a later date, during which the allegedly unlawful resident may present arguments opposing ICE’s case against them. Anyone who wants to effectively contest their own removal proceedings should seek help from a Montgomery deportation defense attorney as soon as possible.
The ideal defense strategy for a particular Notice to Appear recipient will vary significantly depending on their unique circumstances. It may be possible to avoid removal by proving that an allegedly unlawful resident is eligible for a family-based Green Card, that they qualify for asylum in the U.S. due to risk of persecution or physical harm in their country of origin, or that a criminal conviction was not actually severe enough to warrant deportation.
Notably, if an allegedly unlawful resident has maintained residence in the United States for ten years or more and displayed good moral character during that time, they may be able to argue for cancellation of removal based on the fact that their deportation would cause extreme hardship for immediate family members who are lawful residents of the United States. A deportation defense attorney in Montgomery could go over potential defense options with an individual NTA recipient during a private consultation.
While it is not impossible to successfully fight removal proceedings, going up against the Department of Homeland Security alone is never a good idea. These cases can be extremely complicated and time-consuming, and the consequences of an unfavorable verdict could be devastating for you and for your entire family.
If you are facing deportation or believe you may soon be subject to such proceedings, you should get in touch with a Montgomery deportation defense lawyer sooner rather than later. Call today to schedule a meeting.