Deportation lawyers help immigrants facing removal proceedings in the US Immigration Court. They investigate defenses, interview clients and witnesses, and prepare for hearings and appeals.
Deportation lawyers practice in the field of immigration law. Their job is to help immigrant clients who are facing removal proceedings in the US Immigration Court. Their representation involves the same tasks as lawyers practicing in other areas of the law who must advise their clients about the law and prepare for a hearing. However, the law and rules of procedure in deportation proceedings are different from other areas of law.
The legal processes of “deportation,” expelling someone from the US, and “exclusion,” preventing a foreign citizen from entering the US, are now called “removal” procedures. These procedures are initiated by the government through the Department of Homeland Security (DHS). Anyone who is not a US citizen may be subject to removal proceedings. A deportation lawyer may therefore be involved in trying to prevent the expulsion or exclusion of a foreign national. The legal arguments used by the deportation attorney will depend on the type of removal hearing and the legal status of the client.
The lawyer must interview his client and get all the facts of the case. She would also explain to the customer the steps involved in the process and the consequences of removal or deletion. If the case involves expulsion, the client may be in a detention center and the attorney may have to prepare for a bond hearing to try to obtain his client’s release prior to the removal process. Often, removal procedures are initiated because the customer has committed a crime. The deportation attorney would investigate whether there are extenuating circumstances involved and whether the crime is a legal reason for expulsion.
Another responsibility of a deportation attorney would be to investigate any defenses available to removal, which might include things like the client being eligible for political asylum or refugee status, or that the client will face persecution or physical danger if they return home. A deportation attorney also looks for the possibility of an “adjustment of status,” such as when a person was legally here as a nonimmigrant, but the time or reason for remaining in the US has expired. Under certain circumstances, a customer’s status may be changed to that of a lawful permanent resident. The attorney may also argue for a change of status based on hardship, where the client’s spouse or children are US citizens or lawful permanent residents and are dependent on the client for support.
In preparation for the hearing, the deportation attorney must interview and prepare any potential witnesses, including your client. She must also review the “discovery” documents about evidence DHS will use at the hearing. She may also need to file motions before the hearing about the admissibility of evidence. If after the hearing, a removal order is entered and the deportation attorney is responsible for taking the necessary steps to secure an appeal, if the client so wishes.
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