Deportation defense is as it sounds. It involves an immigration lawyer advocating for people who are facing deportation from the United States. Most processes involve appearing before a judge at immigration court. At Voloshen Law Firm, PC, we know from experience that having representation in court is essential. It can turn the odds in your favor. A deportation or removal order can be overturned based on evidence and the interpretation of the laws as they stand.
The Deportation Order
A deportation order is also called a removal order. It’s issued by an immigration judge after several hearings to determine
If, by law, you are removable from the United States. Typically this happens in the case of fraud, unlawful presence, or criminal convictions.
Whether you are eligible for any considerations such as political asylum.
When trying to reverse a deportation order, your legal team may consult the initial Judge in your case, or take the matter to a higher court to prove an error in procedures or the way in which the law was interpreted initially. These actions are called Motions to Reopen or Reconsider.
Reversing a Deportation Order
Each person’s situation is unique. Having an immigration lawyer makes sure you are fully prepared for reconsideration or a reversal in the order.
The three ways in which a Removal Order may be reversed are:
Going before the Board of Immigration appeals with a motion to reopen.
Making a motion for reconsideration before the court
Appealing directly to the Board of Immigration Appeals.
Reopening a removal order requires having new evidence that was not available originally during your hearing. Your lawyer knows what type of information will qualify as a new discovery, particularly documents and witnesses. New laws or a new interpretation of laws also apply.
Eligibility
If you are in removal proceedings, you can file a motion to the court or the board if you have new evidence. Examples include police records, proof of membership, and medical records. It is important, however, to bring up these matters at the first denial.
Anyone accused of terrorism, espionage, sabotage, or who poses a security threat may not file this type of motion.
Motion to Reconsider
The motion to reconsider is based on laws and procedures. In this instance, the Board of Immigration Appeals has the opportunity to review how the case was conducted. An attorney can represent you in such proceedings and it is advisable. A Positive outcome means you may be given a new hearing or granted your stay.
Appeals to the Board
When you appeal to the Board of Immigration Appeals you will not be removed until a decision on your case has been made by the board. Such appeals must be filed within 30 days of a judge rendering deportation orders.
Voloshen Law Firm: Deportation Defence, Buck’s County, PA
You may feel like your case is hopeless. All the rules and regulations seem impossible and make your head spin. But when you have an experienced law firm like ours on your side, there may be ways of approaching your case that hasn’t been considered. If you’d like information, call our Huntingdon Valley offices 215-437-7854, or use our online contact form.