Removal Defense Lawyer Houston TX

Understanding the Removal Process: What You Should Know

8 US Code § 1229 states that the deportation process begins when Immigration and Customs Enforcement initiates proceedings against a non-citizen they believe is removable from the United States. Common reasons include overstaying a visa, unlawful presence, criminal convictions, and violations of visa conditions. Sadly, even lawful permanent residents can face removal under certain circumstances.

Below is an overview of how removal proceedings or deportation process typically unfold:

1. Notice to Appear: You receive an NTA stating the grounds for your removal and the date, time, and place of your hearing.
2. Master Calendar Hearing: This is your first court appearance before an immigration judge. It’s a brief hearing where you can admit or deny the charges against you and request relief if applicable.
3. Individual (Merits) Hearing: This is a longer hearing where we present your defense. We prepare documents, witness testimony, and statements to argue why you should remain in the United States.
4. Appeals: If the judge orders your removal, you can appeal to the Board of Immigration Appeals (BIA) and potentially federal courts.

Many individuals in removal proceedings are unfortunately detained at ICE facilities. If you or a loved one is detained, a skilled lawyer will move quickly to file bond motions and represent you at bond hearings. Securing your release from detention often gives you a better chance to prepare for your defense. Detention raises many urgent legal challenges, your chosen immigration lawyer must take swift steps to address them.

Key Legal Defenses for Deportation

Removal defense is not a one-size-fits-all matter. Depending on your immigration history and personal circumstances, you may have multiple avenues to remain legally in the United States. Our role is to identify these options quickly and prepare a compelling case on your behalf.

Asylum

If you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, you may qualify for asylum. Our team will gather in-depth evidence, prepare testimony, and make sure your application meets the stringent guidelines.

Cancellation of Removal

Cancellation of removal can transform removal proceedings into an opportunity to gain or retain lawful permanent residency. If you are a legal permanent resident, there must be proof that you meet specific residency and character requirements. For non-permanent residents, we must demonstrate long-term physical presence in the US and that your removal would cause extraordinary hardship to qualifying family members. 

Waivers of Inadmissibility and Deportability

Certain immigration violations or criminal convictions can be waived under specific conditions. Waivers, such as I-601, I-601A, and 212(c), can forgive prior missteps or convictions if you meet the legal requirements. We explain which waiver might apply and file a thorough application with the US Citizenship and Immigration Services (USCIS) to support your request. 

Adjustment of Status

If you qualify for a family-based or employment-based petition and a visa number is available, you might adjust your status even in removal proceedings. We confirm eligibility, file the petition, and represent you in court to argue that you should remain in the US as a lawful permanent resident.

Convention Against Torture (CAT)

For those who do not qualify for asylum or withholding of removal, we may pursue protection under the Convention Against Torture. This relief applies to individuals who can demonstrate a likelihood of torture if returned to their home country.

An experienced immigration attorney would likewise scrutinize the government’s evidence and challenge procedural errors. They could also file motions to terminate proceedings if the evidence is insufficient or improperly obtained.