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Marilyn Orbach-Rosenberg
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Deportation Defense Immigration Lawyer in New York City and Queens

Immigration is a hot political issue, and much of the focus these days is on illegal immigration and undocumented aliens living or working in the country without authorization. The Department of Homeland Security (DHS) and its investigative arm – Immigration and Customs Enforcement (ICE) – have been increasing their focus and tightening their security net over the past decade, detaining and deporting more and more individuals found to be working in the country without documentation, residing on an expired visa (visa overstay), or otherwise in violation of U.S. immigration law.

It is important to know that you are not without rights in the deportation process. If you are facing deportation or removal proceedings in the New York area, Orbach Rosenberg Law can provide you with an aggressive immigration attorney who knows the law and can help you fight your deportation on whatever grounds are available.

Deportation Process

When an alien is convicted of a deportable offense, DHS files charges to begin deportation proceedings. The alien receives a Notice to Appear, which includes the grounds for removal. A deportation is a civil proceeding, as opposed to a criminal trial, and the alien in most instances has the right to be represented by an attorney. Qualified legal counsel is very important, because the burden is on the alien to prove that he or she should not be removed. At Orbach Rosenberg Law, we utilize every tool at our disposal to fight deportation, including motions to reopen, requesting that deportation be withheld, seeking cancellation of removal or adjustment of status, or requesting asylum. Our office also capably handles appeals of deportation or removal orders to BIA or the federal courts.

Even a permanent resident may be deported for conviction of a deportable offense, which includes crimes of moral turpitude, aggravated felonies, or having multiple convictions. Deportable offenses include:

  • High speed flight
  • Failure to register as a sex offender
  • Offenses relating to controlled substances
  • Certain firearm offenses
  • Crimes of domestic violence or stalking
  • Crimes against children
  • Falsely claiming citizenship
  • Espionage or sabotage
  • Terrorist activities

There are also other grounds which can make a person deportable as well, such as having a communicable disease or other health-related reasons, engaging in marriage fraud in order to obtain a visa or other violations of immigration law, such as those involving conditions of entry or violation of non-immigrant status. Even unintentionally relinquishing permanent resident status may lead to the initiation of deportation proceedings.

ICE Detention and Bond Hearings

Any alien who is arrested or taken to jail or the police station may be detained by ICE, at which point the individual may not be released without first securing an immigration bond from an immigration court judge. It can be very important to the defense of a deportation case for the individual to be out of detention pending removal proceedings, so it is essential to have a capable immigration attorney who can represent you at a bond hearing.

Some individuals are considered bond ineligible, for instance if they are deemed a flight risk or a danger to the community, or if they are already under a deportation order, have multiple past convictions or a history of missed court hearings. On the other hand, an individual may have factors which can be argued in favor of granting bond, such as steady employment or close ties to family or the community which would indicate the person will show up for court hearings and follow other requirements of the bond.

Cancellation of Removal may be an Option

There are several reasons that could help you get your removal proceedings cancelled. For instance, if you have lived in the U.S. for at least ten consecutive years, possess good moral character, and have not been convicted of crimes that deem you inadmissible, then you may be able to have your removal canceled if you can show it would cause extreme hardship to a spouse, parent or child who is also a citizen or permanent resident. If eligible, an adjustment of status is another way to effectively cancel removal.

Experienced New York Immigration Lawyer for Your Deportation Defense

If you are facing deportation or removal proceedings, contact Orbach Rosenberg Law for professional advice and effective representation from a capable and experienced New York City immigration attorney.

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