Removal & Deportation Defense
A removal proceeding or deportation is the process by which a person is ordered to leave the United States. A foreign national can be ordered removed at the point of entry to the United States, or after they have been living in the country for some time.
A removal proceeding begins once you have been “placed in removal.” This means you have received a Notice to Appear (NTA) before an immigration judge. The NTA is a charging document, and lists all the allegations or grounds for removal brought against you. If the government can prove the allegations in the NTA, an immigration judge must find you removable.
To defend your ability to remain in the United States, you must apply for protection or relief from removal. Your immigration judge will then schedule a merits hearing to review the arguments and evidence submitted in support of your application. If your judge finds you eligible for protection or relief, you will be allowed to stay in the United States. If the judge finds you ineligible, you will be ordered removed.
If you are detained during your removal proceedings, the government may set a bond for your release. You will be released upon payment of the bond.
8 U.S.C. §1227 lists the grounds or reasons a person may be deported. Common grounds for removal or deportation include, but are not limited to:
Marriage fraud
Criminal conviction (being arrested and convicted)
Overstaying your visa
Living in the U.S. without proper immigration status
Violating the terms of your green card status
The Garfield Law Group is experienced in the area of removal defense, including on behalf of clients who have been detained. If you would like to discuss your case to see if we can assist you through a removal proceeding, please contact us today.