Removal Defense
Facing deportation can cause a tremendous amount of stress. The complexities of removal proceedings and the fear of being forced to leave or lose loved ones adds emotional burdens to the entire process. Further complicating matters is the fact that most immigration cases have unique circumstances and effects on an immigrant’s family, all of which need to be documented and thoroughly explained to federal authorities. Without a removal defense lawyer, understanding how to build the best case to support staying in the U.S. is a time-consuming process that can go wrong with a simple misstep.
A qualified Atlanta removal defense lawyer with demonstrated expertise and knowledge of the federal system will help you understand the process of fighting removal and provide the aggressive, compassionate representation you deserve.
If You Are Facing Deportation, An Experienced Attorney Is Crucial
Facing deportation can cause a tremendous amount of stress. Ghiaasiaan & Briceno is here to defend your rights every step of the way. We have worked with clients throughout Florida, Georgia and Alabama. When your future is on the line, we are the firm to trust.
From Beginning To End, We Can Represent You
Our attorneys understand all areas of immigration law. This is something that can be used to your advantage. With such extensive knowledge, we can analyze your case and prepare the strongest possible defense. We will represent you and advocate for you in court. This means standing in front of a judge and explaining your side of the story. No two cases are the same, and we provide each client with the individualized attention they deserve.
These cases must be taken seriously, and we can help you address these issues head-on. Whether you did not properly apply for a visa, have overstayed your visa or are accused of providing false information on an immigration application, our attorneys are prepared to handle your case. We will do the necessary research in order to show why you deserve to stay in the United States. We can then help you properly follow the requirements in order to live here legally. From beginning to end, our attorneys are here to support you.
What Our Clients Say
G. Briceno and Associates will provide a removal defense lawyer who protects your rights every step of the way. When your future is on the line, we are the removal defense lawyer to trust. Our removal defense lawyers understand all areas of immigration law. Our founder and managing partner, Gerardo Briceno, has spent time working in legal capacities for Immigration and Customs Enforcement (ICE) and the Office of Chief Counsel in Miami, Florida. These experiences gave him rare insight into how the immigration process actually works.
When working with G. Briceno removal defense lawyers, this experience becomes your advantage. With such extensive knowledge, we can analyze your case and prepare the strongest possible defense. As an expert removal defense attorney, we will aggressively represent you in all immigration-related matters and listen closely to your side of the story, making sure the truth is heard.
Removal cases must be taken seriously, and we can help you address these issues head-on. Whether you did not properly apply for a visa, have overstayed your visa or are accused of providing false information on an immigration application, our attorneys are prepared to handle your case. As a supportive removal defense lawyer, we will do the research necessary to show why you deserve to stay in the United States. We can then help you properly follow the requirements in order to live here legally. From beginning to end, our removal defense attorneys are here to support you.
Deportations, also called removals, can be triggered by different events but are typically the result of an immigration judge or immigration officer seeking your removal from the U.S. Deportation proceedings that are started against you may ultimately produce an order of removal.
Common reasons that deportation proceedings begin are listed below:
- You are currently living in the U.S. without an official immigration status (e.g., expired visa or illegal entry)
- You have committed a criminal offense
- Your application for immigration status was invalid or rejected outrightly
- You have improperly received government benefits
Depending on your circumstances, you may face removal proceedings more than once.
There are several methods for fighting removal from the United States. These methods may be effective depending on the circumstances surrounding your removal and the exact reasons provided by the federal government. You need to hire a removal defense lawyer that thoroughly understands the deportation process and will aggressively defend your right to stay in the country. Examples of commonly used defenses include:
- If the deportation order resulted from criminal charges, it might be possible to demonstrate that the criminal charges are either false or do not meet the stated threshold to merit removal.
- Argue that your positive societal contributions and upstanding moral character do not present a threat to the United States.
- Prove that you are a U.S. citizen by birthright (via parents or grandparents)
- Make a case for seeking asylum from a verifiable threat of persecution or death if deported to your country of origin.
- Show that you have lived in the U.S. for at least ten years and that your removal would cause significant, undue hardship on a family member or relative.
Evidence and skilled argumentation in support of these claims can be used by your removal defense lawyer to prove eligibility for what is called relief from removal. Relief from removal can be provided in many different ways, including by adjusting your official immigration status or a complete cancellation of the removal by being granted admittance as a permanent resident.
The defenses outlined above are only some of the ways in which your deportation proceedings can be effectively fought. Hiring a removal defense lawyer will ensure that all options are pursued and only the best, most effective arguments are used in your court hearing.
Effectively closing a removal case against you will require the ability to craft legal responses and request information from federal authorities, a thorough understanding of legal terms and proceedings, and absolute fluency in English. It’s highly recommended to let a qualified removal defense lawyer communicate on your behalf. Bringing only an emotional appeal to the courtroom to dispute removal proceedings will not help your case. Furthermore, intentionally or accidentally misrepresenting your background or personal information can seriously harm your ability to remain in the U.S. or seek future immigration status. When serving as your removal defense lawyer, we will ensure that you don’t disclose any potentially harmful information.
Unfortunately, deportation proceedings can be initiated against anyone who is not an official U.S. resident. This means that even those holding valid visas or green cards are still subject to removal under certain circumstances. Only in very rare cases can someone who has been granted naturalized citizenship potentially face deportation.
There are two primary ways in which deportations occur. The first method is through normal removal proceedings. Removal proceedings will involve a hearing before an immigration judge to determine whether someone should be deported from the country. In typical removal proceedings you will have the opportunity to work with a removal defense lawyer to defend your case.
The second way that deportations can happen is through a process called expedited removal. There are strict regulations governing when and how expedited removals take place and these removals usually only happen when an individual is at a port of entry or is suspected of entering the U.S. illegally and cannot provide documentation or proof that they have lived in the U.S. for at least two years. In expedited removal situations defendants will often not have an opportunity to seek assistance from a removal defense lawyer or go before an immigration judge.
Those who have been previously deported and then re-entered the U.S. unlawfully can also be deported without a court hearing or support from a removal defense lawyer.