Viles Law Firm P.C.
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Defense Against Removal/Deportation

An individual may be in removal proceedings because of prior criminal convictions, illegal entry, overstay, or because you were out of status when you filed for asylum. . Removal proceedings begin with a summons to immigration court called a Notice to Appear. Immigration court involves a judge, a lawyer from the Department of Homeland Security Immigration and Customs Enforcement department, and your lawyer. An Immigration Judge makes the final decision. Often, the lawyer for the government and your lawyer are able to come to an agreement about how to proceed with your case.

Removal proceedings are extremely complex especially when criminal issues are involved. The defense strategy depends very much on when you were convicted and your sentence.

If you lose at the immigration court level, you may have the right to appeal your case to the Board of Immigration Appeals. An appeal gives you additional time to remain in the United States. A successful appeal will also cause the reversal of immigration judge’s decision. The Board of Immigration Appeals will reverse a decision because of legal or factual errors in the record or on the basis of an improper exercise of discretion by the judge.


Deportation Processing for over 50 years

Defenses include:

  • political asylum
  • withholding of removal
  • cancellation of removal for permanent residents
  • cancellation of removal for nonpermanent residents
  • voluntary departure
  • waivers
  • Granting a greeencard application based on a family relationship or through employment
  • Motion to Reopen
  • Motion to Reconsider

 
Example Number One:
Mohammad had lived in the U.S. for 30 years. His wife was here, and his children had all grown up here. One morning, ICE agents broke down the door of his house and dragged him to jail in his underwear accusing him of having been ordered deported 15 years ago. Mohammad was confused because he had never gone to immigration court before. He filed a motion to reopen his case, and he was able to prove to the judge that the immigration service had never properly informed him of the date, time, and place of his removal hearing. Mohammad was able to apply for cancellation of removal.

 

Example Number Two:
Zarzuela was charged with a crime. She hired the most famous defense lawyer in town. Her defense lawyer negotiated her case with the District Attorney and she only had to go jail for one year. As she was leaving the jail, ICE took her to the immigration jail in order to have her deported. Zarzuela has a weak defense in immigration court because her very good criminal defense lawyer did not know the impact of his plea bargain on Zarzuela’s future immigration status. If you are an immigrant charged with a crime, be sure your lawyer knows both immigration law and criminal law.