Deportation attorney / removal defense attorney
Foreign national without a valid immigration, legal permanent residents, and even American citizens can be brought before an Immigration Judge for deportation proceedings, which are known today by the technical term of removal proceedings. Whether you are person without an immigration status, a legal permanent resident, or American citizen by Naturalization, you could be placed in removal proceedings for a variety of reasons. A person who is facing removal proceedings in immigration court is known as the “respondent.”
Any person in removal proceedings has the right to be represented by an attorney. However, unlike the case in criminal court proceedings, the government does not have to provide a lawyer to those respondents who cannot afford one. In order words, there is no such thing as an “immigration public defender.” Thus, it is the respondents’ responsibility to seek attorney to represent them during the deportation proceedings.
If you or someone close to you has been placed in deportation proceedings, the South Florida immigration Law Offices, P.A. of Jorge Delgado can help you find the best relief available. South Florida attorney Jorge L. Delgado will thoroughly study the case starting with the allegations (charges) against the person facing deportation. From there, immigration lawyer Jorge L. Delgado will explore what forms of relief are available for his client.
Examples of reliefs available in Immigration Court
Immigration bonds: Court proceedings can take many months. Therefore, Attorney Jorge L. Delgado will request that his client be released by paying a bond while the deportation proceedings continue.
Fighting the allegations against his client: Attorney Jorge L. Delgado will carefully study the allegations (charges) against his client. When possible, attorney Jorge L. Delgado will argue that the allegations are not valid and that the case should be terminated.
Application for Permanent Residence (Adjustment of Status): Certain aliens who are in deportation proceedings may qualify to apply for Permanent Residence before the Immigration Judge. Said alien may qualify based on a family petition, employer petition, or through cancellation of removal.
Prosecutorial Discretion: In some instances, attorney Jorge L. Delgado can request that the government move to close the deportation proceedings against his client.
Administrative Closure: Attorney Jorge L. Delgado might request that the case against his client be taken off the immigration court’s calendar. This is specially relevant for respondents who qualify for immigration benefits that cannot be granted by the Immigration Court, such as I-601A Waivers, Special Juvenile Immigrant Status, Deferred Action for Childhood Arrivals (DACA), among others.
Cancellation of Removal: Whether his client is a legal permanent resident or an undocumented worker, if some conditions are met, some are eligible to request that the immigration judge allow the respondent to remain in the United States as a legal permanent resident.
Asylum, Withholding of Removal, and Convention Against Torture (CAT): Throughout the years, people have come to the United States seeking from persecution in their countries. Depending in the circumstances, the Delgado Law Offices might request his client be allowed to remain in the United States in order to be protected from persecution.
VAWA, T, and U Visas: Some victims of domestic violence or other crimes might apply for immigration benefits. Such benefits would protect them from removal. In such cases, the Delgado Law Offices will request that the Immigration Court continue, administratively close, or even terminate the proceedings against the respondent.
Temporary Protected Status (TPS): In cases where the respondent qualifies for TPS, the Delgado Law Offices will file an application before the Immigration Court.
Waivers: By filing an application for waiver, immigration attorney Jorge L. Delgado will request that the immigration judge excuse past conduct that makes his client removable.
Defense Against Revocation of Permanent Residence or United States Citizenship: In certain cases, the government of the United States may start court proceedings to revoke the status of Lawful Permanent Resident of certain foreigners. Even American citizens by Naturalization might find themselves in such proceedings if the government alleges that before becoming American citizens, they committed immigration violations that would have prevented them from acquiring the American citizenship. In such revocation cases, the Delgado Law Offices will determine the best defense against the revocation and use that strategy to retain his client’s immigration status.
Voluntary Departure: Those who do not have any relief from deportation may be able to request Voluntary Departure. Immigration attorney Jorge L. Delgado will request that the Immigration Judge allow his clients to depart the United States by their own means in a short period of time that could vary between 60 and 120 days. They may also be released from detention while they make arrangements for their departure.
Post final order by the immigration judge representation
The Order of the Immigration Judge is not necessarily that last step in the respondent’s removal proceedings. An Immigration Judge’s decision might be appealed. In other words, a request can be made to a higher authority to have the Judge’s decision reversed. Such requests are presented before the Board of Immigration Appeals (BIA). Both the respondent and the government may appeal the Immigration Judge’s decision.
In other instances, the Delgado Law Law Offices might request directly to the Immigration Court to reopen or recalendar a case in which a final order has been entered. In such cases, attorney Jorge L. Delgado will file a Motion To Reopen before the Immigration Court. In cases that have been administratively closed, South Florida Immigration lawyer, Jorge Delgado, will file a Motion to Recalendar.
Since BIA Appeals and Motions to Reopen or Recalendar are filed in writing, the Delgado Law Law Offices can represent clients in any part of the United States before any Immigration Court.
BIA Appeals of the Immigration Judge’s Decision: After an Immigration Judge enters a final order, the respondent has only a few days to properly notified the BIA that he or she will file an appeal. Attorney Jorge L. Delgado can thoroughly review the proceedings in order to find any errors the Immigration Judge might have committed when rendering his or her decision. Such errors might be grounds to file an appeal on behalf of the respondent asking the BIA to reverse or remand the Immigration Judge’s decision.
Response to Government’s BIA Appeal: An Immigration Judge’s decision in favor of the respondent may be appealed by the Government. In such cases, the respondent needs to argue in favor of the Judge’s decision. South Florida immigration Law Law Offices, P.A. of Jorge Delgado can review an appeal by the government and prepare a brief in favor of the Immigration Judge’s decision.
Motions to Reopen: If applicable, the Delgado immigration Law Law Offices, P.A. might request that the Immigration Court conducts a new hearing on a case in which a decision has been already rendered. Typically, Motions to Reopen are filed when a removal order has been filed against the respondent and new facts merit that the Immigration Judge examines the case again.
Motions to Recalendar: Sometimes, a case that has been administratively closed need to be rescheduled before the Immigration Judge. Usually, South Florida immigration attorney Jorge L. Delgado files a Motion to Recalendar when there is a relief available for his client and the case needs to be examined by the Immigration Judge or terminated to seek relief at another agency.
Advice during criminal proceedings
Foreign nationals facing criminal charges need to consider the immigration consequences of every step of the criminal proceedings. What might seem like a “good deal” for the defendant in criminal court might lead to serious immigration consequences, including permanent removal from the United States. Whether a foreign national is facing misdemeanor or felony charges, it is important to consult the potential consequences of the arrest with an immigration attorney. Attorney Jorge L. Delgado constantly advices foreign nationals or the attorneys representing them.