Handling Deportation Defense and Appeals in Texas
Removal or deportation court proceedings can be initiated against foreign nationals in the U.S. for many different reasons. If you or someone you know has received a Notice to Appear (NTA) in Immigration Court for a deportation hearing, you should contact J. Sparks Law, PLLC as soon as possible. You have specific rights that only an attorney with a thorough understanding of immigration law may understand.
Our Austin deportation attorneys have extensive experience representing individuals facing removal. We can advise you of all of the potential options and solutions that may be applicable to your defense. we can also handle appeals and can fight an unfavorable decision you have received. Our firm is committed to providing high-quality legal representation with the care and attention you deserve.
Grounds of Deportability
Any immigrant, even those with green cards, can be deported from the U.S. for violating various laws.
Circumstances that could result in deportation include:
- Conviction of a crime of “moral turpitude,” such as theft and fraud
- Commission of marriage fraud to gain lawful permanent residency
- Smuggling others into the country
- Commission of crimes involving domestic violence
- Unlawful voting
- Violation of the terms of a visa, such as overstaying
- Commission of drug crimes, whether in the U.S. or elsewhere
- Convictions for aggravated felonies
Defense Against Deportation
Although deportation may seem hopeless, there are ways to fight and defend against it depending on your situation. Some of the common defenses are:
- Failure to properly serve the Notice to Appear (NTA)
- Immigrant is not removable as charged
- Adjustment of status from nonimmigrant to immigrant
Failure to Properly Serve the NTA
If the NTA was sent to the wrong address or it was sent to the immigrant’s attorney and not directly to the immigrant, this is considered improper and you may have a defense against removal proceedings.
Not Removable as Charged
The Department of Homeland Security (DHS) is responsible for proving that the immigrant is subject to removal. In some cases, immigrants have received NTAs because of their criminal record, however, when taking a detailed look, their criminal record may be ambiguous and it is uncertain if the actual crimes fall under what is considered to be “inadmissible crimes” or “deportable” crime.
Adjustment of Status
In some cases, immigrants are notified of removal because their paperwork is not up-to-date. For example, those who are in the United States through an F-1 student visa may forget to extend it. In a circumstance like this, as long as they entered the U.S. lawfully, an immigration judge may simply adjust their status to being lawfully present in the country. There is no need for deportation.
What Are Removal Proceedings?
The speed of removal proceedings depends on how you are being detained — if it is by immigration authorities or if you were detained at the border. In general, removal proceedings begin when you are served with a Notice to Appear (NTA). This is a document that explains the legal reasons why Immigration and Customs Enforcement (ICE) believes the recipient (“respondent”) has entered the United States illegally or is present in the U.S. without authorization.
Within 1 to 4 weeks, you will receive a notice from the immigration court. This will inform you when and where your initial hearing or master calendar hearing (MCH) will be. This hearing usually lasts 15 minutes.
Because the immigration courts are very busy, your hearing could take place from a few months to a year after you receive the NTA. Be aware of the date and time of your hearing. If you miss any hearings, you may lose your chance of any deportation relief. An automatic order of removal may be issued against you, and you may not be able to return to the U.S. with any visa for 10 years.
What Happens During a Master Calendar Hearing?
During the MCH, your immigration case is addressed. An attorney is not needed, however, it would be best to have one with you. After the MCH, the immigration court will schedule an individual hearing (merit hearing). The court usually schedules a 4-hour block for these hearings and in some cases, they may go longer. At this point, it is essential to have an Austin deportation lawyer by your side who has created a strategy for your unique situation to defend you against removal.
How Can a Deportation Attorney Help Your Situation?
At J. Sparks Law, PLLC, our deportation defense lawyers in Austin can help you seek relief from removal through appropriate legal means and help build your defense for immigration court hearings. If you are the family member of someone who has been detained for possible removal, we can help you locate them and represent them at bond hearings. Our team can also handle the appeal if the case has been denied by an immigration judge.
We’ll Give Your Case the Attentive Representation It Deserves
Our immigration firm has extensive experience handling all aspects of your removal or deportation case or appeal.
You can count on us to:
- Ensure you meet deadlines
- Provide compelling advocacy in court
- Write strong briefs for your appeal
- Update you on where you stand
- Guide you through all of the complex procedures
Call an Austin Deportation Attorney at (737) 252-8935
Our lawyers will be by your side throughout the entire process, providing the dedicated care, counsel, and support you need. Do not hesitate to contact us today.
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