General Information about Deportation Attorneys

Deportation attorneys are legal professionals who specialize in representing clients facing deportation or removal proceedings from the United States. Deportation or removal proceedings refer to the legal process by which the government can remove an individual from the United States for various reasons, including immigration violations, criminal convictions, and national security concerns.

Deportation cases can be complex and emotionally charged, and having an experienced and skilled deportation lawyer on your side can make a significant difference in your case’s outcome. In this article, we’ll discuss everything you need to know about deportation attorneys, including their roles and responsibilities, how to find an excellent immigration lawyer, and other relevant information on deportation and removal proceedings.

Roles and Responsibilities of Deportation Attorneys

Deportation attorneys are lawyers who specialize in immigration law and have extensive knowledge of deportation, removal, and other forms of immigration-related proceedings. These attorneys can represent both individuals and organizations in various deportation hearings, including immigration court proceedings and appeals.

The main role of deportation attorneys is to provide legal representation and advice to clients facing deportation or removal proceedings. They help clients navigate the complex legal procedures involved in deportation cases, including filing applications for relief from deportation, defending clients against allegations of immigration violations, and representing clients in administrative hearings and appeals.

Deportation attorneys also play a critical role in ensuring that their clients’ constitutional rights are protected during deportation proceedings. These rights include the right to due process, the right to representation, and the right to a fair hearing.

Generally, the main responsibilities of a deportation attorney include:

1. Assessing the client’s eligibility for relief from deportation or other forms of immigration relief.

2. Assisting clients in filing applications for relief from deportation, including waivers, asylum, and cancellation of removal.

3. Representing clients in immigration court proceedings, including bond hearings and removal proceedings.

4. Appealing decisions made against the client in immigration court or administrative proceedings.

5. Advising clients on their rights under U.S. immigration law.

6. Ensuring that clients’ constitutional rights are respected throughout the immigration process.

7. Assisting clients who have been detained by immigration authorities.

8. Providing guidance to employers on compliance with immigration laws and regulations.

Deportation attorneys can also help clients who have already been deported obtain re-entry into the United States. For example, an individual who has been previously deported can be eligible for re-entry under certain circumstances, such as if they have family members who are U.S. citizens or permanent residents, or if they have been granted asylum.

Qualifications and Requirements for Deportation Attorneys

To become a deportation attorney, an individual must have a law degree from an accredited law school and be licensed to practice law in their state. Additionally, they must have specialized knowledge and training in immigration law and deportation proceedings.

Many deportation attorneys are members of the American Immigration Lawyers Association (AILA), a professional organization for immigration lawyers that provides resources and training to its members. AILA also offers a certification program for immigration lawyers who demonstrate expertise in immigration and nationality law.

When choosing a deportation attorney, it’s essential to ensure that they have experience in deportation cases and are familiar with the particular circumstances of your case. For example, if you are facing deportation due to criminal convictions, you’ll want to choose an attorney who has experience with criminal immigration law.

Finding a Good Deportation Attorney

If you’re facing deportation or removal proceedings, it’s important to find the right deportation attorney to represent you. Here are some tips for finding a good deportation attorney:

1. Research Potential Attorneys

Start by researching potential deportation attorneys in your area. You can do this by searching online, asking for referrals from friends or family members, or contacting your local bar association for a list of immigration attorneys.

2. Check Credentials and Experience

Once you have a list of potential attorneys, check their credentials and experience. Look for attorneys who have expertise in deportation proceedings and have handled cases similar to yours in the past.

3. Schedule a Consultation

Schedule a consultation with each attorney you’re considering. During the consultation, ask about their experience with deportation cases, their approach to handling your case, and their fees.

4. Trust Your Gut

Ultimately, you should trust your gut when choosing a deportation attorney. Choose an attorney who makes you feel comfortable and confident in their ability to represent you.

Recent Developments in Deportation and Removal Proceedings

Deportation and removal proceedings are constantly evolving, with new policies and procedures being implemented by the government. Here are some recent developments in deportation and removal proceedings:

1. Changes to Immigration Enforcement Priorities

The current administration has made significant changes to immigration enforcement priorities, focusing on removing individuals who pose a threat to national security or public safety. This has led to an increase in deportation proceedings for individuals with criminal convictions.

2. Changes to Asylum Policies

The government has made significant changes to asylum policies, making it more difficult for individuals to obtain asylum in the United States. This includes policies that require asylum seekers to apply for asylum in a third country before arriving in the United States.

3. Increased Use of Expedited Removal

The government has increased the use of expedited removal, a fast-track deportation process used for individuals who are determined to be inadmissible at the border. Under this process, individuals can be deported without a hearing before an immigration judge.

4. COVID-19 Impacts

The COVID-19 pandemic has had significant impacts on the immigration system, including the suspension of some immigration court proceedings and the closure of some immigration detention centers.

Conclusion

Deportation attorneys play a critical role in representing clients facing deportation or removal proceedings from the United States. These attorneys provide legal representation and advice to clients, assist with filing applications for relief from deportation, represent clients in immigration court proceedings, and ensure that their clients’ constitutional rights are protected throughout the immigration process.

Finding the right deportation attorney is essential if you’re facing removal proceedings, and it’s important to choose an attorney with experience in your particular circumstances. Recent developments in deportation and removal proceedings, including changes to immigration enforcement priorities and asylum policies, highlight the need for skilled and knowledgeable deportation attorneys to defend clients’ rights and interests.

When an immigrant facing deportation attempts to stop a deportation order, a deportation attorney can assist in initiating the process of trying to postpone the deportation. Attorneys who specialize in deportation and immigration fight hard to make sure their clients are kept, temporarily at least, in the United States. Winning an appeal is an incredibly difficult task for deportation attorneys to achieve. It goes without saying that good communication is important between lawyer and client. In an actual deportation hearing, an attorney may help present evidence, interact with witnesses and speak on behalf of a client.

If the deportation attorney is able to receive a postponement of final removal for his or her client, it is called a stay of deportation or stay of removal. A stay refers to a temporary stopping of an action.

Since different government agencies are in charge of overseeing different immigration processes, including the Executive Office for Immigration Review, the Board of Immigration Appeals and the Federal Circuit Court system, each separate agency will handle deportation attorneys’ requests for a stay differently. Typically, immigrants will not be removed or deported during the time period given for any appeal to be filed.

It is crucial that the deportation attorney file a motion to reopen an immigrant’s case in a timely manner with an immigration judge, the Board of Immigration Appeals, or the Department of Homeland Security. A motion refers to an attorney’s request to the court or the judge who is hearing the case. It is common for a deportation attorney to file a motion to stay removal or deportation during the period of time in which the motion to reopen is pending prior to the conclusion the trial. The court has the option to grant or deny a deportation attorneys’ requests. As such, filing the motion to reopen is no guarantee that the deportation will be postponed.

There many questions that an immigrant facing deportation should ask his or her deportation attorney to see if they are well qualified for their case. An individual should find out how many deportation cases that the particular deportation attorney has handled. Finding out the similarities in the previous cases handled may instill confidence in the client. Then again, it also may result in them seeking a new deportation attorney if necessary.