Deportation defense is the legal representation and advocacy for immigrants and non-citizens who face the potential of removal from the United States.
Deportation is the official process of removing a foreign national from the United States for violating U.S. immigration law. If you are in danger of deportation by the U.S. Government, hiring a lawyer for deportation defense is the first step to stop the formal removal process. Deportation defense forms an important pillar of fair and honest immigration policy. Everyone deserves strong, valuable legal representation.
Defend Your American Dream
Nassim Arzani, Esq. understands these tough circumstances. She is here to help you navigate through the complex channels of immigration law. As an immigrant to the United States herself, she understands exactly how difficult the process feels. With a specialization in immigration law, she possesses the established credentials to provide you with a powerful defense. If you would like to discover how Ms. Arzani can help you, call our Riverside or Los Angeles offices at 951.683.0900. You can also schedule an appointment online.
When Do the Removal Proceedings Begin?
Removal proceedings begin when the Department of Homeland Security files a Notice to Appear, Form I-862, with the Immigration Court after it is served to the respondent.
What Is a Notice to Appear (NTA)?
A Notice to Appear is a written notice that informs you of the reasons the government has found that determine you to be inadmissible or deportable. A NTA will tell you exactly which immigration laws you’ve been accused of violating. The Notice to Appear includes the following information:
- The nature of the proceedings
- The legal authority under which the proceedings are conducted
- The acts or conduct alleged to be in violation of the law and
- The charge(s) against the alien and the statutory provision(s) alleged to have been violated
The NTA should provide a list of the allegations made by the Department of Homeland Security (DHS) against the respondent. This is important information for a removal defense. Sometimes the allegations are based on faulty or incomplete information in the Department’s databases or investigation.
Attorneys often have to confirm if the time and date on the NTA is correct as sometimes they are updated by the immigration court without notice to the respondent. Sometimes the Department of Homeland Security will not file the NTA with immigration court. An unfiled NTA means the respondent does not have to attend immigration court yet. But it’s important to regularly check for updates as the DHS may file the NTA at a later date.
Receiving a Notice to Appear for potential deportation and removal can be a scary event. You don’t want to handle it on your own because the Department of Homeland Security will have an experienced lawyer. You don’t want to ignore the Notice to Appear either, as that can have long-lasting negative consequences and prevent immigration to the United States.
Fight back against the ruinous effects of removal from the United States by contacting Nassim Arzani, Esq. to handle this complex legal situation for you.
Who Are The Parties Involved In Removal Proceedings?
- The Respondent
- Respondents Counsel
- DHS Attorney and
- The Honorable Immigration Judge
The person who receives the NTA is referred to as the Respondent. He or she has a right to be represented by counsel at his or her own expense. The Department of Homeland Security, which is referred to as DHS, will have one of their attorneys present who will be referred to as the DHS attorney. Removal proceedings are conducted in a formal courtroom setting before an Immigration Judge.
What is a Bond Hearing and Who is Eligible?
Bond is the amount the immigrant pays to the United States as a guarantee that the immigrant will attend all court proceedings. The money is held as collateral and returned to the immigrant after all hearings are attended.
Bond is available for eligible detainees who have been determined to not be a threat to the community and are not flight risks. Detainees not eligible for bond include those with criminal convictions or those who have been deported in the past.
A bond hearing allows the detainee to go before an immigration judge and appeal for release from detention.
If you or a loved one are in criminal custody and you are not a US Citizen, chances are you have an immigration hold on you. You must contact an experienced immigration attorney immediately to evaluate your case and determine your immigration relief. Once retained, our office will expeditiously request your bond hearing.
In most cases, we are able to have you released immediately once you are transferred to immigration custody. In cases where the officer does not agree to an immediate release, we file the bond motion and vigorously fight for your case. If you are not eligible for bond, we will have to fight your case from inside immigration detention.
About Deportation Defense in Los Angeles and Riverside
To best defend against deportation, it’s important to understand what initiated the removal proceedings. Every deportation hearing is different. Therefore, the approach that works for one case won’t be well-suited to another. This is why it’s important to retain a specialist capable of dissecting the Federal Government’s case and constructing a viable legal defense for you.
Common Causes for Removal/Deportation Proceedings
- Engaged in Marriage Fraud
- Convicted of a crime which renders you Inadmissible or Deportable; for some categories of crimes please see FAQ section
- Overstayed a student or work visa and now placed in removal
- Entered the U.S. Illegally and Apprehended
- Denied asylum in the United States
- DACA recipient convicted of a crime
- Denial of Application for Relief, such as Form I-751, Petition to Remove Conditions On Residence, Adjustment of Status, Provisional Waiver (Form I-601A), U Visa, and Naturalization Application
- If you are undocumented, you can be placed in Removal Proceedings if you are arrested even without a conviction
To better understand what you can do to defend against deportation, contact Nassim for help with your removal proceedings
Your Confidential Consultation with Attorney Arzani
Named a Top 100 Attorney by the Association of American Trial Lawyers and a Top 40 Under 40 Attorney by the National Trial Lawyers organization, Nassim Arzani has proven herself to be one of the top litigators in immigration law. She is a Certified Specialist in immigration law which means she possesses the expertise and experience in this very specific area of the law. When retaining an attorney, you ensure you acquire a specialist in the area of law you require. The law is extremely complex and no attorney can master all aspects. Therefore, it’s important to select an attorney who specializes in immigration law. Ms. Arzani’s clients have often visited other attorneys who would not take their case due to the level of difficulty or inadequately represented them resulting in adverse immigration consequences
Nassim Arzani, Esq will craft the most appropriate legal strategy to keep you in the United States. Connect with American Law Center and schedule a comprehensive review of your case. You can book an appointment online or by calling our Los Angeles and Riverside County offices at 951.683.0900.
For a sample of our successful client’s stories, follow our Instagram feed. You can also browse through our reviews to get an indication of the care and quality of service we provide to all our clients.
Our Success Stories
If you’re facing a deportation hearing, it’s important to have an experienced advocate by your side with a track record for winning cases. Nassim Arzani has a perfect 10 score on Avvo’s attorney ratings. She has a verified track record of winning deportation defense cases. Feel free to browse through some of her victories to get an idea of the effort she dedicates to every removal defense she represents.
How Much Does Deportation Defense Cost?
Deportation defenses are all complex and all different. No two cases have the same circumstances so it’s impossible to provide an accurate price without a consultation with an attorney who conducts a review of all the nuances in your specific case. During your consultation with Ms. Arzani, she will review all pertinent information. After analyzing the legal complexity of your case, she can provide you with a reasonable price to retain legal representation.
Can I be deported if I am legally married to a U.S. citizen?
Yes, this is possible. Cases like this highlight the importance of hiring an attorney that specializes in immigration law and removal defense. The Department of Homeland Security will be prosecuting a deportation request with an experienced attorney. It’s important that the defendant also has representation in the form of an expert in immigration law.
How long does the deportation process take?
ICE has 90 days to complete a deportation. Further complications to the deportation include the country of origin’s willingness to take back the person and other administrative concerns can complicate this process.
Can I get a waiver?
Waivers are one form of relief available to certain qualifying non-citizens. There are several waivers that exist but the process can be complicated to navigate. It’s recommended that waiver applications are made with the guidance of a specialized attorney.
What is mandatory detention?
- Immigration and Nationality Act (USCIS)
- 8 U.S.C. § 1227 – U.S. Code – Unannotated Title 8. Aliens and Nationality § 1227. Deportable aliens
- USCIS I-862 Notice to Appear
- USCIS I-601 Waiver