Immigration Removal Proceedings Lawyer
An immigration removal proceedings lawyer represents individuals facing deportation in formal hearings before an immigration judge. These attorneys defend against government allegations, present evidence for relief applications, and navigate the complex federal immigration court system where your legal status and future in America are determined.
What are Immigration Removal Proceedings
Removal proceedings replaced the former deportation and exclusion process under federal immigration laws. Immigration and Customs Enforcement initiates these civil proceedings when it believes a noncitizen has violated immigration laws, overstayed their visa, committed certain crimes, or entered without proper documentation.
The process begins when the Department of Homeland Security issues a Notice to Appear, formally charging you with being removable. Unlike criminal defendants, immigrants facing deportation have no right to government-provided legal representation. Yu must hire your deportation defense attorney.
The Immigration Court Process
Immigration judges employed by the Executive Office for Immigration Review conduct removal hearings. The process includes:
Master Calendar Hearing
- Initial court appearance for procedural matters
- Identity verification and charge reading
- Time to hire a lawyer
- Scheduling of future proceedings
Merits Hearing (Individual Hearing)
- Full evidentiary hearing if you contest removal
- The government must prove grounds for deportation
- Your deportation defense lawyer presents defenses and relief applications
- Witness testimony and evidence presentation
What Immigration Removal Proceedings Lawyers Do
Legal Analysis and Case Evaluation
Experienced immigration attorneys at Kent Pincin review your immigration status, criminal history, and potential relief options. They analyze whether the government can prove removability and identify defenses specific to your situation.
Deportation Defense Strategies
Skilled deportation defense lawyers use:
- Challenging Removability: Contesting the government’s allegations and burden of proof
- Relief Applications: Filing for asylum, cancellation of removal, adjustment of status, or waivers
- Bond Hearings: Getting released from detention pending proceedings
- Motions Practice: Filing motions to terminate removal proceedings or suppress evidence
Representation Before Immigration Judges
Your deportation lawyer will advocate before immigration judges, present legal arguments, examine witnesses, and ensure immigration laws are correctly applied. This includes preparing comprehensive legal briefs and gathering evidence for your case.
Types of Relief in Removal Proceedings
Asylum Protection For immigrants facing persecution based on race, religion, nationality, political opinion, or membership in a particular social group, asylum protects them from removal. Your immigration lawyer must show credible fear and meet strict legal standards within specific timeframes.
Legal Analysis and Case Evaluation
Lawful permanent residents and particular non-permanent residents may be eligible for cancellation of removal under specific circumstances. This relief requires showing good moral character, continuous residence, and exceptional hardship to qualifying family members.
Adjustment of Status
Some immigrants facing deportation can apply to become lawful permanent residents through family relationships, employment, or other qualifying categories. Your deportation defense attorney evaluates eligibility and manages the complex application process.
Voluntary Departure
This option allows you to leave the United States voluntarily, avoiding the harsh consequences of a formal removal order. Voluntary departure preserves future immigration options and prevents lengthy bars to re-entry.
Why Legal Representation Matters in Deportation Cases
Statistical Advantage
Studies show that represented immigrants are five times more likely to win their cases than those without legal representation. This significant difference reflects the complexity of immigration law and the high stakes involved.
Navigating Complex Immigration Laws
The Immigration and Nationality Act has intricate provisions that are subject to frequent changes. Immigration lawyers stay current with evolving regulations, Board of Immigration Appeals decisions, and federal court precedents that affect your case.
Protection Against Government Overreach
Experienced deportation defense lawyers ensure the government meets its burden of proof and follows proper procedures. They challenge improper evidence, raise constitutional defenses, and protect your due process rights throughout removal proceedings.
Cultural and Language Support
Many immigrants facing deportation encounter language barriers and cultural misunderstandings. Immigration law firms offer interpretation services and culturally competent representation, enabling you to understand the proceedings and participate effectively in your defense.
Common Scenarios for Removal Defense
Criminal Convictions and Deportation
Lawful permanent residents and other immigrants with criminal convictions often face removal proceedings. Deportation attorneys analyze whether offenses are classified as aggravated felonies or crimes involving moral turpitude, potentially challenging these designations or seeking waivers.
Immigration Violations
Unauthorized employment, visa overstays, and entry without inspection trigger removal proceedings. Your immigration lawyer evaluates available relief options and develops strategies to prevent deportation based on your situation.
Family Separation Cases
Many immigrants facing removal have United States citizen spouses or children. Deportation defense lawyers often present evidence of exceptional hardship to family members, which is crucial for cancellation of removal applications.
Los Angeles Immigration Removal Defense
Los Angeles removal proceedings occur in one of the busiest immigration court systems in the country. Local deportation defense attorneys are familiar with the specific practices of Los Angeles immigration judges and the regional enforcement priorities of Immigration and Customs Enforcement.
Detention and Bond Issues
Many immigrants in Los Angeles's removal proceedings are detained at local facilities. Experienced immigration attorneys file bond motions to get you released, arguing you are not a flight risk and not a danger to the community.
Appeals and Federal Court Review
When immigration judges make unfavorable decisions, deportation lawyers can appeal to the Board of Immigration Appeals and, in some instances, to federal courts. This appellate process requires expertise in immigration law and federal procedure.
Meet Our Immigration Attorney
Anna Oguntimein
Anna is a New York licensed attorney who was inspired to pursue law while working as a schoolteacher educating immigrant students. Being an immigrant herself, she understood the difficulties they faced and wanted to broaden her advocacy for them beyond the classroom walls.
Anna began her legal career in New York City representing children, survivors of domestic violence and victims of crime seeking humanitarian relief before United States Citizenship and Immigration Services and the Immigration Court. She also has extensive experience representing detained immigrants in removal proceedings and bond hearings. She is well-versed in criminal immigration issues and has advised criminal defense attorneys on negotiating plea deals to mitigate the immigration consequences in their clients’ cases. Anna’s most rewarding work, however, has been successfully defending HIV positive clients in removal proceedings so they could remain in the U.S. and have access to life saving medication.
Anna has a keen interest in the intersection of immigrant and employee rights. She has joined KENT | PINCIN to spearhead the immigration practice and handle pre-litigation matters at the firm. Anna strives to provide compassionate advocacy because she believes it empowers clients to exercise their rights and assert agency in their own lives.
When Anna isn’t practicing law, she enjoys spending time with her family, doing arts and crafts with her kids, and taking long walks on the beach.
Choosing the Right Deportation Defense Attorney
Experience in Removal Proceedings
Select law offices with substantial experience representing clients in immigration court. Look for attorneys who practice regularly before immigration judges and understand the specific challenges of deportation defense.
Track Record of Success
Evaluate the law firm’s success rate in similar cases and its reputation among immigration judges and peers. Experienced lawyers should provide specific examples of successful outcomes in removal proceedings.
Comprehensive Legal Services
Choose immigration lawyers who offer complete deportation and removal defense services, including detention representation, relief applications, appeals, and family immigration matters.
Cultural Competency
Effective legal representation requires understanding diverse immigrant communities. Select attorneys who speak your language and understand your cultural background and specific situation.
The Consequences of Removal Proceedings
Immediate Consequences
A removal order means physical deportation from the United States, often within days or weeks of the final decision. This immediate consequence separates families and disrupts established lives.
Long-term Immigration Bars
Formal removal orders trigger long bars to re-entry, ranging from 5 years to permanent prohibition, depending on the circumstances. These bars impact future immigration options for you and your family members.
Collateral Consequences
Deportation affects employment authorization, driver’s licenses, professional licensing, and access to public benefits. The ripple effects go far beyond the immigration consequences alone.
Preparing for Removal Proceedings
Gather Essential Documents
Collect all immigration documents, identification, marriage certificates, birth certificates for children, tax returns, and employment records. Your deportation attorney needs complete documentation to evaluate relief options.
Document Community Ties
Prepare evidence of your community connections, including employment history, property ownership, community involvement, and family relationships. This evidence supports various forms of relief and demonstrates rehabilitation.
Avoid Immigration Violations: While proceedings are pending, refrain from violating any immigration laws or court orders. Any additional violations can hurt your case and eliminate your options.
Immigration Court Process
Backlog and Delays
Immigration courts have a massive backlog of over 3 million cases nationwide. While delays can give you time to prepare your defense, they also create uncertainty and stress for immigrants facing deportation.
Prosecutorial Discretion
The government can exercise discretion to dismiss or not pursue certain removal cases. Experienced immigration attorneys advocate for favorable exercise of discretion based on humanitarian factors.
Changing Immigration Policies
Immigration enforcement priorities shift with different administrations, affecting which cases receive priority and how discretion is exercised. Your deportation defense attorney monitors these changes and adjusts strategy accordingly.
Caring for our Clients
Get Started Today
Removal proceedings are the most serious legal challenge immigrants face in the US. The complexity of immigration law and the life-changing consequences of deportation require experienced legal representation.
If you are in removal proceedings, time is of the essence. Immigration deadlines are strict, and missed opportunities for relief cannot be recovered. Contact a qualified deportation defense attorney today to protect your rights and explore all your options to stay in the US with your family.
When your future hangs in the balance, you deserve a legal team that delivers clarity, compassion, and results. At Kent Pincin, you can count on experienced, culturally attuned representation that has consistently succeeded in even the most complex deportation defense cases. Call us today at (310) 376-0922 for immediate assistance, or click here to contact us through our website.
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