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.
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:
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.
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.
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)