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At the Law Offices of Steve Lopez we are dedicated to defending the rights of persons in deportation and removal cases. Our deportation defense team represent client in every aspect of immigration trials. Our services include:
- Removal and Deportation
- Exclusion
- Bond Hearings
- Immigration appeals (BIA and Federal Circuit)
- Post Conviction Relief (Criminal Cases)
One of the most frightening experiences a non-citizen and his or her family faces is the prospect of deportation from the United States. Mr. Lopez has been representing clients facing deportation stemming from a variety of different reasons which have included illegal entry, overstay or violation of visa, fraud and criminal conduct. Defending the deportation requires proven experience in providing a proper and aggressive deportation defense.
There is rarely a case that is so clear cut "winnable" or "hopeless." It is always in your best interest to find competent legal representation, so that your case can be properly presented. Many times, cases are lost because of poor submission of documentary evidence to support a deportation relief application.
If you wish to consult Mr. Lopez about how we can help you with your case in immigration court, at the Board of Immigration Appeals (BIA), federal court, please contact us to schedule a consultation.
The Deportation Process
The Governments case starts when the Department of Homeland Security issues a Notice to Appear (NTA), which explains the allegations and legal charges being made against you. At the first Master Calendar hearing if you do not appear with an attorney but you desire to retain an attorney, you may ask for more time to obtain private counsel. This request is typically granted and once granted the Master Calendar Hearing is reset usually 30 to 60 days from date of the original hearing.
At a future master Calendar hearing, you, or your attorney, will be asked to “plead.” This requires your attorney to inform the court whether you concede or deny the allegations listed on the NTA, as well as whether the you are removable under the section of law listed on this NTA.
The responses entered to the NTA will determine whether or not you may be removed or deported from the United States. If the judge finds the Government has met its burden and has proven that you are removable or deportable, the judge will inquire as to what form of relief you will be seeking. Relief is the term used to refer to what legal means you will seek to remain in the United States. For example, you may wish to apply for Cancellation of Removal.
There are two types of Cancellation of Removal, cancellation for Legal Permanent Residents (green card holders), and cancellation for Non-Legal Permanent Residents. Cancellation of Removal for Legal Permanent Residents requires the respondent to prove that he or she has been a legal permanent resident for at least five-years, that the respondent has resided in the U.S. continuously for at least seven-years, and that the respondent has not been convicted of an aggravated felony. In addition, the respondent may present a variety of facts which may influence the judge’s decision, such as the existence of family ties to the U.S., a steady history of employment, or good moral character.
Cancellation of Removal for Non-Legal Permanent Residents may be obtained even if the respondent entered the U.S. illegally. A respondent seeking this form of relief must prove that he or she has been physically present in the U.S. for at least ten continuous years, that he or she is a person of good moral character, that he or she has not been convicted of certain offenses or crimes, that he or she has a legal permanent resident or U.S. citizen spouse, parent or child, and that this family member would suffer exceptional and extremely unusual hardship if the respondent were to be removed from the U.S. This hardship standard is the highest standard in immigration law.
Other forms of relief include domestic violence-based green card applications, 212(c) waivers, Withholding and Political Asylum.
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