Law Office of Diana L. Levy, P.A: Your Deportation Defense Lawyer in Los Angeles
The Law Office of Diana L. Levy is a deportation defense law firm located in Los Angeles, California. We are committed to providing our clients with the highest quality of legal representation possible.
Deportation Defense in Los Angeles
Whether an immigrant is legally in America or is undocumented, there is always the risk of deportation from the country.
The administration of immigration can and does often change after elections which may result in greater or lesser enforcement of immigration laws and more or fewer deportation proceedings (officially known as removal proceedings).
As an immigrant, legal or undocumented, you have rights under the U.S. Constitution. Never are these rights more critical than when you are the subject of deportation proceedings.
If you are an immigrant facing deportation after being arrested by Homeland Security, it is crucial to face the proceedings with an experienced, professional, and competent immigration lawyer. When facing deportation on your own, the playing fields are not level, as you would face the might and resources of the U.S. immigration administration alone.
What Are Possible Grounds For Deportation?
There are many possible grounds for deportation. The most regular deportation cases involve the following:
- A legal immigrant who has overstayed after their visa expired
- An undocumented immigrant is arrested by the police or Immigration and Customs Enforcement (I.C.E.)
- Immigrants who are working in the U.S. but are violating the terms of their visa
- An immigrant who has committed specific crimes (usually serious crimes)
- An immigrant who has given untruthful or misleading information in their immigration application
- An immigrant who is suspected of smuggling other immigrants illegally into the country
What Is the Deportation Defense Process?
Immigration and Customs Enforcement is, as the name suggests, responsible for enforcing immigration and customs rules in the U.S.
If the U.S. government determines that you have violated your visa terms, stay, or the law, your removal proceedings will initiate. The process may go as follows:
Step 1 – Notice To Appear
Should the I.C.E. wish to deport you on any grounds, they must issue you a Notice to Appear (N.T.A.). It is similar in nature to a charge sheet in a criminal case. The government specifies in the NTA the grounds upon which they intend to deport you. They bear the onus (or burden) to prove that you are guilty of the grounds as alleged.
If they fail to prove their allegations, deportation proceedings against you will be stopped.
Step 2 – Master Calendar hearing
The I.C.E. notifies you of a master calendar hearing, and you can decide whether to use legal representation. If you do, you will be given time to arrange this.
Step 3: – Relief from Deportation
If you believe you are eligible for relief from deportation, you can apply for that relief and do not require representation. However, if you do not qualify, you will be deported. We believe that legal representation is vital in deportation hearings, as the consequences for the immigrant can be severe. They not only result in deportation but can also damage any plans you may have to immigrate to the U.S., sometimes infinitely.
Step 4 – The Individual Hearing
This formal hearing allows you to state your case. You will lead evidence and be entitled to call any witnesses to defend your case. Again, having a deportation attorney on your side is critical and vastly improves your chances of success at this hearing.
Step 5 – Judgment
The judge hands down the ruling at the end of the proceedings, and if it goes against you, you can appeal it. If you wish to appeal the judge’s decision, you have 30 days. The Board of Immigration Court is in charge of hearing all deportation and immigration appeals.
Your Rights as an Immigrant
As an immigrant, you have fundamental rights in the United States. Rights that apply to any deportation hearing include the following:
- The right to a fair hearing
- The right to review all the evidence against you
- The right to present your evidence
- The right to a deportation defense attorney – although you will need to appoint your own and pay for services rendered
- The right to appeal the final decision if you feel you have been aggrieved.
How Do I Fight a Deportation Order?
A deportation order does not mean that you will be deported, and there are several defenses you can use against it.
It may be a good idea to contact a local, experienced deportation defense lawyer in Los Angeles to handle your deportation case. They will help you analyze your situation and consider your options for a robust defense.
For example, a defense against deportation on the grounds of a petty misdemeanor has a high chance of success. Your immigration attorney can also argue that your deportation will cause your American spouse and their family undue hardship.
Post-conviction relief is another possible defense. You can be deported in you have a past criminal conviction, even if you were not subject to removal at the time of the crime. You might be allowed to get relief from deportation if your deportation lawyer successfully argues that you withdraw your guilty plea, as you did not know that it could lead to your potential removal from the country.
What Are the Chances of Winning a Deportation Case?
The chances of winning a deportation case depend entirely on the strength of your case and the skill of your deportation lawyer in representing you.
Cases vary widely, so there is no one-size-fits-all answer. Your case could differ significantly from the failed cases you have read or heard about.
What Relief Can You Get After Deportation?
If you lose at the removal proceedings, several options are available, depending on your case facts and circumstances. Some options allow you to delay removal proceedings, while others stop the process entirely.
Here are a few broad options that could apply to you:
- Voluntary removal proceedings
- Cancellation of removal proceedings if you meet different eligibility requirements for permanent residents, non-permanent residents, and women acting under the Violence Against Women Act (V.A.W.A.)
- Adjustment of status proceedings
Deportation defense lawyers at the Law Office of Diana L. Levy, P.A., are well-versed in defense options against deportation. We want to help you choose the proper removal defense if one is available.
How the Law Office of Diana L. Levy, P.A. Can Assist You When Facing Deportation
We have a team of personable, professional, and competent immigration lawyers eager to represent you in your deportation proceedings.
Your immigration attorney should have the experience to craft a custom removal defense for your circumstances. We never offer cookie-cutter answers to your questions and are acutely aware that every case is different. If you need a deportation attorney or immigration lawyer, we can help.
We offer a free initial consultation to discuss the facts of your case. We then apply our knowledge to your circumstances and advise you accordingly. Contact us today for a free consultation. We can assist you with your removal hearing or bond proceedings.