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Deportation Defense in Phoenix, Arizona
Facing the threat of deportation is incredibly stressful and frightening. It can drastically change someone’s life, or the lives of family members. Not only do those facing deportation fear the possibility of not being near their loved ones anymore, they also face financial issues. Even immigrants that have been in the U.S. for several years and green card holders make mistakes that result in deportation proceedings. Preparing your deportation defense carefully is extremely important.
Depending on your circumstances, you may be able to prevent your deportation. Choosing the right attorney is critical. The partners at Ybarra Maldonado Law Group are passionate about helping immigrants defend their rights and fight against unfair deportation practices. You can trust us to prepare your deportation defense carefully and strategically. We understand the incredible pain deportation inflicts on families and communities. With many years of service to the immigrant communities of Phoenix Arizona, we fight hard for your rights.
Regardless of why you are facing deportation, waiting too long to act can have a negative effect on your case. You could lose your ability to challenge your case or appeal an immigration ruling. You also could lose your right to bond or bail.
What is an Immigration Violation?
Non-citizens are subject to removal from the U.S. on the following grounds:
- Entering the country illegally
- Failure to follow immigration rules
- Falsifying immigration documentation
- Allowing their visa to expire
What is an Expedited Removal?
Individuals may be subject to an expedited removal process if:
- They entered the U.S. without travel documents, or with forged documents
- The individual is within 100 miles of the U.S. border
- They’ve been in the U.S. for two weeks or less
In an expedited removal process, Immigration and Customs Enforcement (ICE) removes the foreign national quickly. Foreign nationals do not get to defend themselves to a judge in immigration court during expedited removal. Individuals may appeal on the grounds that the orders were issued improperly. They can request the government to review and dismiss them.
The Trump administration wants to expand expedited removal nationwide. It is proposing that individuals should be subject to expedited removal if caught anywhere in the U.S., and if they’ve been in the U.S. for less than two years.
How does the Deportation Process work?
Each deportation case is different. It is best to consult with an experienced attorney that will be able to advise you on what to expect. Some individuals might be deported without any kind of court hearing. Others may be asked to appear in court, but might not be eligible for bond. This is a basic list of the most common steps in the deportation process.
- People suspected of entering the U.S. illegally may be arrested by local or federal law enforcement before being transferred to ICE custody.
- In some cases, individuals receive a Notice to Appear (NTA) from ICE before arrest.
- A Notice to Appear lists the reasons why the government believes the individual is an undocumented immigrant and should be removed. Immigration officers may deliver them, or they might be delivered through the mail.
- A Notice to Appear must be given at least 10 days before an individual is expected to appear in court.
- If ICE decides to pursue removal, the arrested individual can be detained. Ice determines the security and safety risk of the individual. They decide whether bond should be granted or if they may be released.
- Individuals are detained in immigration detention centers or other contracted prisons.
- A person may leave the U.S. on their own terms. If they meet eligibility and request voluntary departure early in the deportation process, they might be able to return to the U.S. later.
- This process requires an individual to meet strict criteria. The case takes place in two stages.
- The individual receives a date by which he or she must leave if granted voluntary departure. Usually the date is within two to four weeks.
- Not all detained foreign nationals are eligible for a bond hearing. Individuals must request bond hearings.
- In a bond hearing, the individual appears before a Department of Justice immigration judge. The judge sets a dollar amount of the bond.
- A government lawyer represents ICE. They can argue whether the individual should be eligible for bond or not, as well argue for a certain amount of money for the bond.
- Factors that affect bond could include:
- The individual’s time in the U.S.
- Financial ability to pay the bond.
- Their local family ties.
- Whether or not they have a criminal record.
- How the individual entered the country.
- The individual must return for all hearings or risk losing the bond money.
- The court releases individuals that pay their bond. If the bond is denied or is too expensive, the individual can appeal it.
- Individuals not granted bond, or unable to pay it remain in custody until their hearings begin.
- Attorneys are not provided in bond hearings. Individuals must represent themselves or hire an attorney.
- This is the first hearing the foreign national attends if they did not arrange a bond hearing. A federal immigration judge and an ICE attorney will also be present.
- Bringing an attorney to a Master Calendar Hearing is not mandatory, but highly recommended.
- If an individual fails to attend a Master Calendar Hearing, the government could issue an automatic order of removal.
- If the court issues an automatic removal, the individual may not to return to the U.S. for ten years.
- The court lists the charges against the individual. The foreign national can admit or deny them. The judge decides when the next hearing will be held.
- Foreign nationals can remain in the U.S. during these hearings if they give a valid defense. A valid defense is called a relief. The requirements for relief are strict.
- A Merits Hearing could take anywhere from a few hours to multiple days.
- The government and the foreign national present testimony from witnesses and outline their arguments for or against deportation. Each side may cross examine witnesses.
- The judge might ask questions and then decide whether the individual may remain in the U.S.
- Both the foreign national and ICE may appeal the decision within 30 days.
- An individual may appeal the judge’s decision within 30 days. ICE may also appeal a decision within the same time frame.
- In some cases, if the foreign national finds new evidence that would support their case after the 30 days, he or she can file for a Motion to Reopen.
- If an individual from Mexico receives final removal order, ICE flies or busses them to the border.
- ICE flies foreign nationals to their home countries not bordering the U.S.
How does the Deportation Process work?
Time is not on your side when it comes to deportation. You don’t need to be alone in the difficult, confusing fight against deportation orders. Being deported might make it impossible to return to the U.S. A skilled deportation defense attorney at Ybarra Maldonado Law Group can help you stop a deportation by arguing for a Cancellation of Removal, Adjustment of Status, Asylum-Based Relief, Waivers, and U Visas.
Don’t wait to enlist the help of a hard working, experienced deportation defense attorney. Contact us now for a free consultation.