Navigating Deportation Defense: What You Need to Know in Texas

Facing deportation can be one of the most stressful and uncertain times for an immigrant living in the United States. The process of deportation is complex, but it’s important to understand that there are options available to those who find themselves in deportation proceedings. In Texas, deportation defense requires a clear understanding of the law and the specific circumstances surrounding each case. Whether you're seeking asylum, fighting to stay due to family ties, or dealing with the consequences of criminal history, the legal defense process involves many layers.

What Does Deportation Defense Mean?

Deportation defense is a legal strategy used by immigrants who are facing removal from the United States. This process typically occurs when an individual has been apprehended by immigration authorities, or if someone who is already in the country has their status questioned, often after an arrest or detainment.

There are two primary ways people end up in deportation proceedings:

1. Entering the Country Without Legal Authorization: This is typically the case for individuals who crossed the border without inspection or entered on a temporary visa and overstayed their welcome. They may be seeking asylum or other forms of protection.
2. Living in the Country Without Status: Sometimes, people who have lived in the U.S. for years face deportation because they were apprehended by immigration agents. This could happen after a routine traffic stop, a raid at a workplace, or even after an arrest. These individuals may have lived in the U.S. for many years but find themselves at risk of deportation when their status is questioned.

Once an individual is placed in deportation proceedings, they must attend immigration court to defend their right to stay in the country. The case is heard by an immigration judge, who will review the evidence presented by both the defense and the prosecutor from the Department of Homeland Security.

How Does the Deportation Process Work?

Deportation proceedings in immigration court are somewhat similar to criminal trials, but they do not involve a jury. In an immigration court, there is only an immigration judge and a Department of Homeland Security (DHS) prosecutor. The individual facing deportation (the respondent) and their immigration attorney present their defense. This defense can include testimony, evidence, and expert witnesses.

The judge will then make a decision based on the evidence presented. The goal of deportation defense is to prevent the deportation order from being finalized, allowing the individual to stay in the U.S. legally.

How Do Immigrants End Up in Deportation Proceedings?

There are a variety of reasons an individual may find themselves in deportation proceedings, but they often fall into one of two categories: those who are seeking asylum after crossing the border, and those who are living in the U.S. and have been apprehended.

1. Seeking Asylum at the Border: Immigrants who come to the U.S. seeking protection, such as asylum, may be detained by immigration authorities if they cannot prove their claim. If their asylum case is not successful, they may face deportation.
2. Apprehended After Living in the U.S.: In other cases, immigrants may have lived in the U.S. for many years with temporary or no legal status. If they are arrested or detained by immigration authorities, they may be placed in deportation proceedings. This can happen after being pulled over during a traffic stop or as a result of a workplace raid.

What Factors Influence Deportation Decisions?

When an immigrant is in deportation proceedings, several factors are considered by the immigration judge when deciding whether they should be deported or allowed to stay. These factors include:

• Family Ties in the U.S.: If the immigrant has family members in the U.S. who are citizens or legal residents, this may weigh in their favor. A person who has built a life in the U.S. and has close family connections may have more options to stay.
• Moral Character: An individual’s moral character can be a significant factor in deportation cases. If someone has lived a productive, law-abiding life in the U.S. and is not a threat to public safety, this can be a point in their favor.
• Criminal History: A criminal history, especially in certain categories, can significantly impact a deportation case. Immigration authorities and judges look at the severity of criminal charges, such as theft, violence, drugs, and weapons-related offenses. For individuals with a criminal background, the options for staying in the U.S. are often limited.
• Gang Activity: Even if an individual does not have a criminal conviction, allegations of gang involvement can also be a factor. Immigration authorities are often focused on those suspected of gang-related activities, and this suspicion can complicate efforts to stay in the U.S.

What Happens After a Deportation Order?

After a deportation order is issued, there are still legal options available for the individual facing removal. The person typically has a 30-day window to appeal the decision to the Board of Immigration Appeals (BIA), which is the appellate body that oversees immigration court decisions.

Can You Appeal a Deportation Order?

Yes, an individual who has received a deportation order can appeal to the BIA. The appeal process involves submitting new evidence or arguing that the immigration judge made an error in the decision. If the BIA rules in favor of the immigrant, the deportation order may be overturned.

It’s important to act quickly because the window for filing an appeal is usually short. An immigration attorney can help determine the best course of action and assist with filing an appeal.

Voluntary Departure: An Option in Deportation Cases

In some deportation cases, the individual facing deportation may request voluntary departure. Voluntary departure allows the immigrant to leave the U.S. on their own terms rather than be forcibly deported. This option enables the individual to avoid having a deportation order on their record, which could make it more difficult to return to the U.S. in the future.

However, voluntary departure is not granted in all cases. The judge has the discretion to grant or deny this request, and the individual must actually leave the country within a specified time frame. If they fail to do so, the consequences are severe, including a permanent bar on reentry to the U.S.

The Importance of Legal Representation in Deportation Defense

Deportation cases are complicated, and having an experienced immigration attorney by your side can make all the difference. An attorney specializing in deportation defense will help you navigate the complex legal system and ensure your case is presented in the best possible light. From gathering evidence to representing you in court, an attorney is crucial to ensuring the best outcome for your case.

Get the Help You Need

If you or a loved one is facing deportation in Texas, don’t wait to seek legal help. Lincoln-GoldFinch Law specializes in deportation defense and can guide you through the complexities of the immigration system. Whether you’re seeking asylum, appealing a deportation order, or need help with voluntary departure, our experienced attorneys are here to help.

Contact us today at www.lincolngoldfinch.com to schedule a free case evaluation. Let us help you protect your future in the United States.