Deportation Defense
Facing deportation is terrifying. We fight to keep families together with aggressive defense in immigration court.
Free Case ReviewReceiving a Notice to Appear in immigration court is one of the most frightening experiences a person can face. Deportation — formally known as removal — threatens to tear apart families, end careers, and force individuals to return to countries where they may face danger. The stakes could not be higher.
At Maples, Connick & Brendel, we represent individuals in removal proceedings before the immigration courts, fighting to keep families together and protect our clients’ right to remain in the United States.
Understanding Removal Proceedings
Removal proceedings are initiated by the Department of Homeland Security when it believes an individual is removable from the United States — either because they entered without authorization, overstayed a visa, violated the terms of their status, or have been convicted of certain crimes.
Once proceedings begin, the individual appears before an immigration judge who will decide whether the person should be ordered removed or is eligible for relief that allows them to remain.
Available Defenses and Relief
Depending on the individual’s circumstances, several forms of relief may be available.
Cancellation of removal — Available to both lawful permanent residents and certain non-permanent residents who meet specific requirements regarding length of presence, good moral character, and the impact removal would have on qualifying U.S. citizen or permanent resident relatives.
Asylum — Available to individuals who can demonstrate a well-founded fear of persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group.
Withholding of removal — Similar to asylum but with a higher standard of proof. Provides protection from removal to a specific country where the individual’s life or freedom would be threatened.
Protection under the Convention Against Torture — Available to individuals who can show it is more likely than not that they would be tortured if returned to their home country.
Adjustment of status — In some cases, an individual in removal proceedings may be eligible to apply for a green card through a family or employment relationship.
Voluntary departure — In situations where no other relief is available, voluntary departure may be preferable to a formal removal order because it avoids certain bars to future immigration benefits.
Why Legal Representation Matters
Unlike in criminal court, there is no right to a court-appointed attorney in immigration proceedings. Studies consistently show that individuals represented by counsel are significantly more likely to succeed in their cases than those who appear without an attorney.
Immigration law is extraordinarily complex, and the consequences of a removal order are severe and often permanent. An experienced attorney can identify forms of relief you may not know you are eligible for, gather and present evidence effectively, prepare you for your hearing, and advocate for you before the immigration judge.
Acting Quickly
If you or a family member has received a Notice to Appear or is in immigration detention, time is critical. Deadlines in removal proceedings are strict, and failure to appear or respond can result in an order of removal being issued in your absence. Contact us immediately.
Frequently Asked Questions
If you fail to appear at your scheduled hearing, the immigration judge can order you removed in absentia. This means a deportation order is issued without you being present. In some cases, it may be possible to reopen the case if you can show the failure to appear was due to exceptional circumstances, but it is far better to never miss a hearing.
Yes. Lawful permanent residents can be placed in removal proceedings if they commit certain crimes, abandon their residency, or engage in other conduct that makes them deportable under immigration law. However, permanent residents also have access to specific forms of relief that may allow them to retain their status.
Some individuals are held in immigration detention during their proceedings, while others are released on bond or their own recognizance. Whether you are detained depends on factors including your immigration status, criminal history, and whether the government considers you a flight risk. We can request a bond hearing to argue for your release.