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Deportations

If you have been placed in deportation proceedings and need legal assistance, call today for a consultation: 787-919-0026 . You may also coordinate a consultation online to receive a quick response from us.

When the Bureau of Immigration and Customs Enforcement ( ICE ) suspects that a person present in the United States has no right to remain in the country, either because the person entered unlawfully, his status has already expired, the person violated the conditions of stay, or the person has been convicted of a crime, among others, such person may be referred to removal proceedings, commonly known as deportation proceedings.

Removal procedures are carried out in the Immigration Court. There, an administrative law judge from the U.S. Department of Justice determines whether the person is, indeed, deportable and if he qualifies for any remedy against deportation under our immigration laws.

Removal proceedings start with the delivery to the person of a document known as a ” Notice to Appear “. In it, ICE will indicate the immigration status of the person, the reasons why such person may be deported from the United States, and the date on which such person must attend Immigration Court. According to that information, the alien may apply for the grant of a remedy to cancel his deportation and stay in the country, or to neutralize the adverse effect that deportation may have on his immigration record.

Contrary to popular belief , being detained by ICE or by another agency of the Immigration Service, and being placed in removal proceedings does not mean that a person is automatically deportable. Depending on the case, the person may have a legal relief against deportation.

If you have been placed in removal proceedings and need legal assistance, we recommend that you call an immigration attorney.

Additionally, if you have an order pending deportation, but have not yet been deported, there is a possibility that your deportation order may be appealed, or the case may be reopened for a variety of reasons.

Some of the most common reliefs against deportation include: cancellation of removal, withholding of removal, asylum, and protection from deportation under the Convention Against Torture.

 

I. Cancellation of Removal
Cancellation of Removal is a remedy to stop the deportation . If the immigrant meets all the requirements of the Immigration Code , and proof that your case is meritorious for the exercise of the discretion of the Immigration Judge , they can remain in the United States. If the foreigner is not a permanent resident and is present illegally in the country, at the end of this process you can adjust their status to permanent resident one.

II. Voluntary Departure Voluntary departure is a remedy where the immigrant applies to the Immigration Court authorization to leave on their own in the United States. This remedy is available to foreigners who have not been removed previously, they have aggravated offenses in their criminal record and have not been classified as terrorists, among other requirements. It can be applied during removal proceedings and after completion of the same. However, if requested at the end, the burden of proof to justify the granting of this remedy requested is greater than at the beginning or during the proceedings. The benefit is this remedy is that the foreigner can leave the United States and have their "clean" immigration record. That is, if requested entry legally to the United States at a later date, abroad would not be subject to the prohibition of applying for admission legally in the country for 10 or 20 years or even for life, as happens to people " removed "formally, depending on the case.
III. Withholding of Removal Withholding of Removal is a mandatory remedy similar to political asylum, but unlike this, does not grant permanent residence to immigrant or other status , if granted the same. Usually, this remedy alternatively requested when the person does not qualify for political asylum, but it shows a "clear probability" that there is a threat against his life or liberty for racial, social, national or ideological reasons if removed to his country .