Deportation & Removal Protecting Your Interests in Immigration Issues

Irvine Deportation Attorney

Aggressive Removal Defense in Orange County

Deportation threats can be scary and overwhelming. Often times, individuals are placed into deportation after spending some time in jail. These are usually called "ICE holds" or "ICE detainers". Other times deportation is triggered by re-entering the United States or submitting a petition to USCIS which is ultimately denied.

If you received a notice to appear before an immigration court, this means that you are in removal proceedings and you need to immediately begin building your defense with an immigration attorney who can help you protect your ability to stay in the United States.

Avoid Deportation with Legal Representation

Deportation or removal hearings can have devastating effects, but a skilled attorney can ensure that your case is backed by experienced and aggressive representation. Even more so if you were convicted of a crime. You cannot afford to go through this time without proven, tough legal representation! That is exactly what you will find at Yekrangi & Associates.

Do you have a deportation hearing? Contact Yekrangi & Associates at (949) 478-4963. Se habla Español. Services also offered in Farsi and Mandarin.

The Deportation Process

Depending on the circumstances of a case, the deportation process can begin differently. For instance, if it is believed that the non-citizen committed a crime, the Immigration and Customs Enforcement (ICE) may take action to arrest and detain the non-citizen and begin removal proceedings. If the Department of Homeland Security (DHS) believes that someone has an illegal status, then that individual may be served a Notice to Appear (NTA) document. Either way, the non-citizen should be made aware of the details of their case and their rights.

If you are subject to a removal proceeding, you should be informed of:

The reason why you are being called to appear
How your status has been violated (or how you broke the law)
The consequences of failing to appear
That you have a right to hire an attorney

If you have not committed a crime and are considered a low flight risk, it is likely you will not be detained during this time. If you are detained, however, a legal counselor can help navigate your case.

The Hearings

There are potentially two types of hearings a non-citizen can face once removal proceedings have begun. The first of these is a master calendar hearing. This hearing allows the accused to confront the order against them and either accept the deportation or proclaim their intention to challenge the removal order. Failure to miss this hearing can result in an automatic order of removal—so it is extremely critical that you attend.

If you have decided to challenge the removal order, the non-citizen will then attend a merits hearing with an attorney. Here, the non-citizen can present the reason why the removal order is uncalled for and why they should be able to stay in the country. Failure to attend this hearing (or any subsequent merits hearing) can also be damaging to your case and result in deportation.

Appearing at a Deportation Hearing

When attending a deportation or removal hearing in front of an immigration judge, make sure you have an experienced deportation defense attorney at your side. If you are represented by an attorney who is inexperienced in deportation cases, the chances of you losing are high. Many people do not take their time to search for the most experienced attorney for their removal case. On the contrary, they find cheap attorneys or choose to appear before the judge without a lawyer. This can be a disaster as you are setting a record in the presence of an immigration judge.

If you lose your case and appeal the Judge’s decision, the record is already set by you or your failed attorney for the appeal. Exhibits and hearing transcripts are contained in the record of proceedings, including a copy of applications that you submitted either by yourself or through your representative.

How to Win a Deportation Case

Failure to make a good record on your own may make it difficult for the new deportation lawyer to claim victory during the appeal. The BIA (Board of Immigration Appeals) conducts its operations from Falls Church, Virginia. The Board cannot see nor hear from you. They look at your printed record, the immigration judge's decision, and the legal briefs of the attorneys. In case of an unfavorable BIA ruling, you have the option to appeal in Federal Court. Keep in mind that the Federal Court relies on the record of the previous proceedings as well.

The U.S holds thousands of immigrants who are eligible for deportation relief. Unfortunately, some of them are not in a position to make bail while others have been detained without bail. Knowing your rights is vital in immigration detention and representation matters.

Below are different types of immigration relief available to those in immigration court (EOIR) proceedings:

Our office represents individuals throughout the following deportation facilities:

Get support from an Irvine deportation attorney. Call (949) 478-4963 for a consultation. We offer services in Spanish, Mandarin, and Farsi.

Reasons for Deportation

There are many reasons for deportation described in the U.S. Immigration and Nationality Act § 237.

These deportable offenses include but are not limited to:

Certain misdemeanors
All felonies, whether aggravated or not
Fleeing an immigration checkpoint
Smuggling an illegal alien into the United States
Committing marriage fraud
Failure to register as a sex offender
Violation of certain protective orders
Conviction of a drug crime in any country
Conviction crimes involving moral turpitude
Involvement in human trafficking
Failure to notify the proper authorities regarding a change of address within 10 days
Engaging in or inciting terrorist activities of any kind, or appearing likely to do so
Participation in certain crimes such as genocide, religious persecution, recruitment of child soldiers, and Nazi persecution
Voting in a U.S. election illegally
Failure to lift the conditions on your conditional permanent residency card

Criminal Charges and Deportation

When you are seeking to immigrate to the United States, it is crucial that you have a clean record. Even if you gain residency or have a valid green card, your status could be threatened if you are convicted of committing certain types of criminal activity. A criminal record or conviction may impede you from obtaining permanent resident status or could even result in you being deported from the country.

If you are not a United States Citizen, it is imperative that you consult a removal attorney experienced with criminal law to help reduce the chance you will be deported.

What Crimes Could I Lose My Green Card Over?

There are certain crimes that are considered more serious compared to other crimes. While a minor crime may result in a slap on the wrist, if you are convicted of a major crime, it could ultimately lead to your removal from the country. However, knowing which crime results in deportation requires a seasoned immigration attorney. Even "minor" offenses may have drastic consequences under immigration law. Attorney Ashkan Yekrangi can step in to provide the proven deportation defense you need to protect your status.

Some crimes that can result in deportation:

Drug Offenses
Theft/Robbery
Sexual Assault
Fraud
Money Laundering
Domestic Violence
Alien Smuggling
Murder or Manslaughter
Firearms Convictions

If your crime was a petty offense or could be argued down to one, then you may be able to avoid removal. There are many ways an attorney can plea bargain with the prosecution to attempt to ensure your crime does not make you inadmissible or deportable. Criminal convictions can also play a role when you chose to naturalize to become a United States Citizen, and some crimes are a permanent bar to obtaining citizenship.

While most misdemeanors cases do not lead to deportation, if you have a significant enough record, you could face other consequences. You need a seasoned Orange County immigration lawyer who can defend your name during this time!

Call a deportation attorney in Orange County at (949) 478-4963.

Can A U.S. Citizen Be Deported?

In the United States there are instances where individuals who have obtained U.S. citizenship wonder whether they can be deported. It's important to clarify that the government cannot revoke the citizenship of a natural-born U.S. citizen. Still, it can take legal action to denaturalize a naturalized citizen under certain circumstances.

Natural-Born U.S. Citizens:

Natural-born U.S. citizens are individuals who acquire their citizenship by virtue of being born on U.S. soil or being born to U.S. citizen parents, regardless of where they were born. The United States Constitution explicitly safeguards the citizenship of natural-born citizens, and the government cannot deport them.

Naturalized U.S. Citizens:

Naturalized U.S. citizens, on the other hand, have gone through a formal process to become citizens after immigrating to the United States. This process includes fulfilling residency requirements, passing a citizenship exam, and taking the Oath of Allegiance. While the government cannot easily revoke the citizenship of a naturalized citizen, there are circumstances in which they can be denaturalized, leading to potential deportation.

Denaturalization:

Denaturalization is the legal process through which the government seeks to revoke the citizenship of a naturalized U.S. citizen. This process typically occurs if it is discovered that the individual obtained their citizenship fraudulently or through misrepresentation. Some common reasons for denaturalization include:

Concealment of Material Facts: If a naturalized citizen intentionally concealed or provided false information about significant facts during the naturalization process, such as criminal history or ties to terrorist organizations.
Criminal Activities: Engaging in certain criminal activities, including treason, espionage, or membership in terrorist organizations, can lead to denaturalization.
Membership in Restricted Groups: If a naturalized citizen becomes a member of a group that is deemed to be a threat to national security, their citizenship may be at risk.

Post-Conviction Relief and Deportation

If you have a past criminal conviction, you may be able to use post-conviction relief to avoid deportation or other complications. Through post-conviction relief, you can work to vacate your conviction, or essentially withdraw your guilty plea. This is different than a simple expungement because expungements are not recognized by immigration law.

How can you successfully secure post-conviction relief? You may be able to do this by demonstrating that you had ineffective legal counsel, were not properly warned about the consequences for your guilty plea, or that

Call an Irvine Deportation Lawyer at (949) 478-4963

If you or someone you love has been threatened by deportation, don't fight it alone. Immigration law is complex -- let a seasoned attorney at Yekrangi and Associates help you. We have a thorough understanding of the law. With an attorney devoted to removal defense, you have a better chance of winning your case. If you were arrested in the past, it is even more crucial to get help from an attorney. Contact us today.