Deportation and Removal Defense Attorneys in Arizona and Colorado

If you are facing a deportation or removal proceeding, or if you are currently being detained by United States Immigration and Customs Enforcement (ICE), you need the help of an experienced immigration lawyer. At Castañeda Law, we can help. Our attorneys represent clients facing removal from the U.S. They understand how these proceedings work, as well as the appeal process.

We know that facing removal is a frightening experience, not only for the person directly involved, but also for his or her family. Most people are not familiar with the way the system works, and it may appear that there is no defense. This is simply not case. If you or a family member is threatened with removal, contact Castañeda Law today, and begin the process of protecting your rights.

What is a Removal Proceeding?

A removal proceeding determines whether an individual may be barred from the United States for violation of the immigration laws. A removal proceeding may be commenced against an undocumented alien, the holder of a temporary visa, and even someone who has a green card, in a variety of different situations.

The issue of “deportability” is covered under 8 U.S.C. § 1227. That statute says that any alien who is in the United States can be removed based on a variety of circumstances:

• Inadmissible Aliens. An alien who was inadmissible when he/she entered the U.S.
• Visa Revoked. Anyone whose visa has been revoked.
• Nonimmigrant Status. Failure to maintain one’s nonimmigrant status.
• Smuggling. Any alien who knowingly encouraged or assisted the illegal entry of another alien.
• Marriage Fraud. Anyone who procured their visa by marriage fraud.
• Crimes Involving Moral Turpitude. Any alien who has been convicted of a crime of moral turpitude within 5 years (in some cases 10 years) of the date of admission. Any alien convicted of two or more crimes of moral turpitude, at any time.
• Certain Convictions. Any alien convicted of a crime carrying a sentence of one year or more.
• Aggravated Felony. Any aggravated felony conviction.
• Sex Offenders. Failure to register as a sex offender.
• Drug Crimes. Anyone convicted of a drug offense under any state or federal law. This does not apply to a single conviction of simple possession of 30 grams or less of marijuana.
• Drug Abuse. Anyone who is or has been a drug abuser or drug addict.
• Weapons Offenses. Conviction of a gun crime or other weapons offense.
• Domestic Violence, Stalking, Child Abuse or Violation of a Protective Order. Conviction for any of these offenses could be the basis of a removal proceeding.
• Failure to Register. Willful failure to register a change of address, or falsification of registration documents.

The statute goes on to list a number of additional crimes that could be used as a basis for removal. They range from falsely claiming citizenship, to terrorism, among others.

Removal – Questions and Defenses

Although a petition for removal may be instituted for a variety of reasons, the most common situation is when someone is arrested for allegedly committing a crime, and the case is referred to immigration. Whatever the basis may be, if a removal proceeding has been commenced, you need to understand how the system works. What is the burden of proof? Do you have the right to counsel? Can I be released from custody pending my removal hearing? Are there any defenses that can be raised in response to the removal proceeding?

You are entitled to retain counsel on your behalf. That includes raising defenses on your behalf. Depending on the specifics of your case, there are a variety of defenses that may apply. In some cases, the evidence does not support the petition. An example would be where you filed your application for permanent residency (green card) before the removal proceeding began. In others, removal may be cancelled based upon a waiver. In still others you may be entitled to asylum. Perhaps you may be entitled to apply for DACA (Deferred Action for Childhood Arrivals).

The list of possible defenses is extensive. The key being able to analyze the case and to know which defenses apply, and how they should be raised.

Attorneys Defending Removal Proceedings

Facing removal is difficult. It is hard not only for the person involved, but also for their family member. So it is important to do everything you can to obtain a successful result.
In order to be sure that your rights are protected, you need an experienced removal defense lawyer on your side. Speak to the attorneys at Castañeda Law to find out how they can help.

Call (602) 560-3131 (Arizona) or (303) 386-7135 (Colorado)