BEST DEPORTATION ATTORNEY NEAR ME: HOW TOP ATTORNEYS FIGHT ICE DETAINERS AND REMOVAL ORDERS

Locating a competent deportation attorney near me is clearly the most important choice you will have to make if you are facing deportation.  

Immigration problems are not only difficult but can also be very disheartening and deeply personal situations.  

However, thousands of people who are in the immigration process successfully challenge their removal orders each year.  

Most of them, however, have one thing in common: they were represented by an experienced deportation attorney near me. 

The stakes couldn’t possibly be higher. A deportation order is essentially giving you an eviction notice, the breaking up of your family, and returning to a country that you might not have visited for several years.  

Besides that, time runs so fast in the immigration courts. Therefore, just a single missed deadline, or filing an incorrect form can cost you everything. Hence, the decision to choose the right deportation attorney near me is not just a good idea but a necessity. 

Understanding ICE Detainers and How They Work

An ICE detainer is a request from Immigration and Customs Enforcement asking local law enforcement to hold you beyond your normal release date.  

In simple terms, it is a legal hold that prevents your release even if you are eligible for it. These detainers cause great hardship to detainees as the legal hold can be for an indefinite length of time while their cases go through the system. 

In fact, ICE detainers mainly serve to give immigration agents time to find and possibly arrest individuals. This situation arises when ICE has a reasonable belief that a person may be subject to removal under federal immigration law.  

In the case of an ICE detainer, the person loses their freedom, and in the process, there is a loss of jobs and family contacts while looking at a hearing that could change the person’s entire life. 

Figures indicate that as of November 2024, there were more than 1.4 million non-citizens on ICE’s non-detained docket with final removal orders. The mere extent of this figure shows how frequent these cases are. Many of these non-citizens are living in Limbo without any legal assistance. 

What Happens After Receiving a Removal Order? 

A removal order is a legal document which communicates that a foreign national has no right to remain in the United States.  

It also empowers the ICE agents to perform an arrest and deportation of the foreign national.  

Importantly, you should understand the different types of removal orders since the appeal rights vary from one type to another. 

The issuance of expedited removal orders is made at the border and without a full hearing. These are usually more difficult to challenge; however, federal court appeals may be a possibility in some circumstances.  

The issuance of in absentia orders is when the alien does not show up for their immigration hearing. Nevertheless, the alien has a period of 180 days to file a motion to reopen the case after which this option expires. 

Final orders from immigration judges refer to the normal and traditional type of orders. You should keep this in mind that you have only 30 days within which to challenge these orders at the Board of Immigration Appeals (BIA).  

Due to the extreme shortness of the time to appeal, the presence of a deportation attorney near me becomes indispensable since in case you miss the deadline for filing an appeal, your right to appeal will be gone forever. 

Professional deportation attorneys near me generally depend on the different defense strategies that are harmonized with your specific situations.  

Thus, instead of grabbing the one-size-fits-all approach, skilled deportation attorneys prepare cases of the clients on a personalized basis to boost their chances of winning. 

Asylum and Persecution Claims 

Of course, no one would deny that asylum is one of the strongest weapons with which one can fight deportation.  

To establish your case, you must demonstrate that you once went through persecution, or you genuinely believe you might face persecution in the future in your country of origin. This persecution must be because of your race, religion, nationality, political beliefs, or membership in a particular social group. 

Successful asylum cases require extensive evidence of gathering and convincing witness accounts.  

Your litigator must efficiently narrate your ordeal to the immigration judges, highlighting the risks that you will face if sent out of the US. 

Besides, there is a general rule that asylum seekers must submit their application within a year of getting into the US.  

Nevertheless, exceptions do apply where there is a change in circumstances. You ought not to lose sight of that fact that if you wait too long, you will not only lose the protection but the right to asylum itself. 

Cancellation of Removal 

If you are an immigrant who has already made a home in the United States, cancellation of removal is that one ray of hope you look up to.  

For lawful permanent residents (LPRs), they must have been continuously living in the US for a period of 7 years of which the last 5 would have had to be with the card. Moreover, they must be able to establish good moral character. 

In the case of non-LPRs, the rules are much more stringent, but they can still be met. At the very least, you should be able to establish that: 

• You have been living in the United States without interruption for 10 years. 

• You have maintained good moral character during this period, and  

• You can demonstrate that your deportation would result in “exceptional and extremely unusual hardship” to a family member who is a US citizen or a lawful permanent resident. 

The hardship requirement is always tricky, so go through your evidence very carefully. Documents like tax returns, kids’ records at school, medical records, emotional witness statements, etc., all contribute greatly to the construction of the case. 

Waivers of Inadmissibility 

It is not impossible to get a waiver for certain immigration law violations if you manage to prove that you have been a victim of extreme hardship.  

You could possibly get waiver for criminal offenses and violations of fraud or misrepresentation if you have family members who are US citizens or lawful permanent residents that will suffer extremely severe hardship if removal occurs. 

Besides, it is important to emphasize that such waivers do not come automatically but rather require powerful representation and very convincing evidence.  

Your deportation attorney near me must present your case in the most sympathetic light before immigration judges while at the same time showing that there is really a hardship involved here. 

Motions to Reopen and Reconsider 

There are still ways to challenge a removal order even after issuance. The ground for motions to reopen can be either the discovery of new evidence or the occurrence of legal errors in the original proceedings.  

Motions to reconsider serve as a vehicle to challenge legal conclusions of the former decision. The submission of these motions must be done within a set timeframe. Therefore, one cannot overemphasize the importance of quick legal action. 

Prosecutorial Discretion Requests 

Immigration officials have discretionary power to postpone or terminate cases. This is on ‘humanitarian grounds.  

Family relationships, health conditions, presence of US citizen children, duration of residence in the US, and contributions to the local community are some of the factors to consider in the exercise of this discretion.  

Competent deportation attorney near me designs very persuasive stories which narrate eloquently why the case should be given such consideration due to the evidence and supporting documents from the community. 

The 30-Day Appeal Window: Why Speed Matters 

After the issuance of a removal order by an immigration judge, the 30-day period for appealing starts right away.  

It is extremely important that this time window for the submission of a Notice of Appeal to the Board of Immigration Appeals is seen as such because it is the primary opportunity to challenge the judge’s decision. 

Consider your 30 days as the most valuable lifetime in your immigration case. At this phase, your deportation attorney near me must submit Form EOIR-26, create a legal brief that meticulously states all the reasons why the judge’s ruling is wrong, and ensure the submission of all documents properly.  

If you miss the deadline for filing an appeal, you may have lost the right of appeal forever, without any possibility of returning. 

Once the BIA examines your case, which will most likely take several months, you still have the chance to appeal to a federal circuit court if the BIA rules against you.  

The challenge for a second appeal is even greater and very limited. This is why it is crucial that you get legal aid from a competent professional right from the start. 

Get help! 

Facing deportation seems like a losing game and that there is no one out there you can turn to for help. However, you do not have to go through this process alone.  

At Gehi and Associates, our experienced deportation attorneys near me have a proven record of success when challenging removal orders, securing asylum for the persecuted victims, getting cancellations of removal, and keeping families together. Your case may still be a winning one only if you have the right legal guidance from us. 

Legal assistance is indispensable. Contact and get hold of our deportation attorney without delay. The 30-day timeframe for the appeal is extremely short, and every single day that goes by counts less.  

Our seasoned deportation attorney will evaluate your entire situation, figure out all the options that are available, and then fight fiercely for the protection of your rights and your future life in the United States. 

When you are facing deportation, every minute counts and time is against you. The one asset you can rely on most in this situation is our legal knowledge. Do not hesitate to make the right decision now. 

Connect with us today! 

 FAQs on Deportation Attorney Near Me: 

1. What is the difference between deportation and removal? 

Deportation and removal are quite different words but have the same meaning in contemporary immigration law. Removal is the government’s legal name for the process by which an alien has to leave the United States. 

2. Can I appeal an expedited removal order? 

Expedited removal orders are not very easy to appeal through the Board of Immigration Appeals; however, there might be a possibility of federal court challenges in specific situations. 

3. How long is the appeal period? 

You must file your Notice of Appeal with the Board of Immigration Appeals within 30 days after the issuance of the removal order by the immigration judge. 

4. What if I miss my hearing? 

Normally, missing a hearing result in an ‘in absentia’ removal order however, you may file a motion to reopen within 180 days if you provide a satisfactory explanation for your absence at the hearing. 

5. Do I need a deportation attorney? 

An immigrant in detention who has the services of a deportation attorney has twice the chances of getting relief as one who for whatever reason does not have any representation in court. 

6. What is an ICE detainer? 

In simple terms, an ICE detainer is a law enforcement request to hold an individual beyond the scheduled release date while the immigration officials decide whether to arrest the person in question. 

7. What is cancellation of removal? 

Cancellation of removal is a form of relief that allows certain aliens to remain in the United States due to a number of requirements including duration of residence, good moral character, and family hardship. 

8. Can I get asylum if I have been in the US for more than a year? 

As a rule, an asylum claim should be filed within a year of arrival to the United States but there exist some circumstances like changes in conditions or extraordinary factors that may negate this requirement. 

9. What documents should I bring to a deportation attorney consultation? 

Bring your passport, visa documents, any immigration court papers, criminal records (if any), birth certificate, marriage certificate, and documentation showing family ties in the US. 

10. What is prosecutorial discretion in immigration law? 

In immigration law, prosecutorial discretion means that the prosecution gives up the right to deport or otherwise proceed against an alien on the basis of the circumstances, such as the presence of a family, the person is a minor, or a noncitizen has some medical condition.