Deportation defense refers to the fight to keep you in the United States lawfully. It begins when you receive a Notice to Appear (NTA) from the Department of Homeland Security (DHS). The NTA will include your name, birth date and place of birth. It will order you to appear before an Immigration Judge (IJ) at a certain date and time.
If you have received an NTA, you need to contact an immigration attorney as soon as possible in order to prepare all possible defenses to deportation. Legal representation can make the difference in whether or not you are allowed to stay in the United States.
At the California Law Offices of Nikhil M. Shah, we will provide you a vigorous defense and do all in our power to prevent an order of deportation and your removal from the country. We represent immigrants in all aspects of the immigration process and at all levels of the legal proceedings, including:
- Bond Hearings – If you, or a family member, are being detained by the immigration authorities because of a criminal conviction, we will provide representation at an immigration bond hearing. We will fight for your right to be released on a reasonable bond.
- BIA Appeals – If the IJ orders your removal, we may appeal that order to the Board of Immigration Appeals (BIA).
- Motions to Reopen – This is exactly what it sounds like. We can reopen your case if you have new evidence in your immigration case, if you were a victim of attorney fraud, if you never received notice of the NTA or hearing, or you need to apply for asylum because conditions in your home country have worsened or because of extraordinary circumstances.
- Cancellation of Removal – If you have been in the U.S. for ten years prior to the issuance of your NTA, have good moral character and your removal would result in exceptional and extremely unusual hardship to your U.S. Citizen or Legal Permanent Citizen parents, spouse or child or if you were battered or subjected to extreme cruelty by your spouse and you have lived in the U.S. for three years.
- Ninth Circuit Appeals – If the BIA rejects your appeal or motion to reopen, or if there were constitutional violations in DHS procedures, we may be able to pursue your case in the court of appeals.
- Waivers – You may have some problems that seem as though you have no recourse to deportation, such as conviction of certain crimes, unlawful presence or accusations of fraudulently entering the U.S. there are waivers to deportation for those reasons that we can pursue on your behalf.
If you or someone in your family has received a NTA, contact the Law Office of Nikhil M. Shah at (310) 496-5734 or (213) 943-1322 for a consultation with one of our experienced immigration attorneys.