New York Deportation Defense Attorney
For non-citizens in New York, having to handle the possibility of removal (deportation) from the United States can be one of the most frightening experiences imaginable. The consequences of removal are generally long-lasting and severe. Removal may include extended or even permanent separation from family, friends, or employment in the US. For many, it may also include returning to a country where the person may face persecution or harm.
Unlike criminal court proceedings, where a defendant’s right to counsel is protected by the Sixth Amendment, the government does not provide non-citizens with legal representation at immigration court. This means it is up to you and your family to choose an immigration lawyer who will vigorously advocate on your behalf.
If you have been placed in removal proceedings, it is important to remember that time is of the essence. Many individuals, including those seeking asylum, may be subject to strict deadlines for filing applications for relief. The court may not inform applicants of these deadlines until it is already too late. In some cases, it may also be helpful for your NY deportation lawyer to contact the Department of Homeland Security’s Office of Chief Counsel (OCC), (the “prosecutors” in immigration court), to see if they may be amenable to exercising prosecutorial discretion to close your case. These are all things an experienced New York deportation attorney should advise you of in an initial consultation.
Defending Myself in Removal Proceedings
Every case is different which means that a “one size fits all” approach does not exist. A person may have options for relief from removal that are completely unconnected to their previous immigration status. In many cases, even those who entered the country illegally and have no family members in the US may be able to successfully defend themselves against deportation.
Common defenses against removal include:
- Prosecutorial Discretion
- Challenging the charges on the Notice to Appear
- Motions to Suppress (where the client’s detention was in violation of the law)
- DACA (Deferred Action for Childhood Arrivals)
- Adjustment of Status
- Cancellation of Removal – available to certain lawful permanent residents, certain persons without status, and certain persons who were victims of abuse
- Asylum, Convention against Torture, Withholding of Removal
- Waivers for persons with criminal convictions or prior immigration violations
- Special Immigrant Juvenile Status
- U visas
- Voluntary Departure
If you are currently in removal proceedings in New York, you should contact a New York deportation lawyer to help develop a strategy to earn legal status in the United States.
Signs You Were Placed in Removal Proceedings
Generally, when an individual is placed in removal proceedings, the government will issue a “Notice of Hearing,” which the immigrant will receive by mail. This notice will include the date, time, and location of the hearing. If you receive this notice, you must do everything in your power to attend your court date. If a person fails to attend their court date, the Immigration Judge will issue an Order of Deportation.
When you receive your “Notice of Hearing”, you will also receive your Notice to Appear (NTA). If you do not receive it in the mail with the “Notice of Hearing”, you should receive it at your first hearing before the immigration judge. An NTA is a “charging document” which provides you with the reasons the government is attempting to remove you from the United States.
Contacting a New York Deportation Lawyer
Our experience before immigration courts in New York and across New York and our established relationships with government attorneys and ICE officials make us the ideal firm to advocate on your behalf. With a former Executive Office for Immigration Review (EOIR) law clerk on staff, our New York deportation attorneys know how the courts and government attorneys operate behind the scenes, and are able to steer our clients’ cases towards the best possible outcomes.