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Possible Defenses for Deportation of an Undocumented Immigrant

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Possible Defenses for Deportation of an Undocumented Immigrant

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Possible Defenses for Deportation of an Undocumented Immigrant

If you have immigrated to the United States but have done so in a manner that has left you undocumented, you run the risk of being deported back to your native country. Since efforts in finding and deporting undocumented aliens have risen dramatically in recent years, there is a better than average chance authorities will find you and do all they can to see that you are deported. When facing such a situation, you may think there is no hope for your case. However, if you choose to call our immigration lawyer in Los Angeles, you will discover there are defenses you can use to avoid deportation.
Defenses for Deportation
If you are taken into custody by Department of Homeland Security officials, you should immediately hire a deportation lawyer in Los Angeles that clients know has knowledge of such cases, like at Grey Law. By doing so, you can obtain sound legal advice that can greatly increase your chances of avoiding deportation. For example, once you have a hearing in immigration court, your attorney can advise you to deny the allegations and fight the charges made against you. In many situations, the government makes mistakes when deciding who is eligible for deportation. If you believe this applies to you, listen to the advice of an attorney clients always trust in these crucial court cases.
DHS and the Burden of Proof
If you follow the advice of your removal proceedings immigration lawyer for help in these situations, you will make it much harder for DHS to meet its burden of proof in your case. Once you deny the allegations and fight the charges brought against you by DHS, the agency will need to produce documentation proving its case. In many situations, this is much harder than you would think. Since DHS may have brought charges against you for the wrong reasons, always consider your options before saying anything to DHS investigators or others associated with the government.
Be Careful with Your Words
If you are found by the immigration court to be removable, this does not mean automatic deportation. Therefore, choose your words carefully in and out of the courtroom. For example, you should never under any circumstances lie to the immigration judge. Should you do so and be found out, you will likely lose any chances you had for leniency and probably lose your chance to apply for asylum or other types of relief against deportation. However, this does not necessarily mean you should tell everything you know in court. If you have potentially negative information that could hurt your case, seek legal immigration help. Your side of the story should be documented. Legal counsel will advise you as to what you should or should not say to the court.
Requesting Relief
When you are in immigration court, it is up to the judge to inform you of the various options you have in regards to requesting relief from possible deportation. However, don’t expect the judge to spend much time on this, since the court is likely moving in the direction of deportation. By hiring a knowledgeable deportation lawyer that will sit down with you and explain things in great detail. You can gain a much better understanding of the best options for your situation.
Seeking Asylumlegal immigration help Los Angeles
Perhaps the most common relief request made by undocumented aliens, choosing to seek asylum means you have fled persecution or that you anticipate future persecution if you are returned to your home country. Should you be granted asylum, you will get legal status in the United States and a work permit, and eventually will be eligible to receive a green card. However, being granted asylum by an immigration court is much harder today than in years past. You will need to understand complexities of the court system and how to use them to your advantage.
Convention Against Torture
If you and your attorney can prove to the court that it is more likely than not that you would be tortured by your home country’s government upon your return, you may be granted relief under the Convention Against Torture. Known as CAT, it is easier to get relief under CAT that it is to seek asylum. However, if you are granted protection under CAT, you will not be able to travel outside the U.S. or be granted U.S. permanent residence. But considering you will have the government’s permission to live and work in the United States, it may be a viable option for your situation.
Cancellation of Removal
If you are able to prove you have physically lived in the U.S. for the past 10 years and can show your being deported would create an extreme hardship on such relatives as your spouse, parents, or children who already have U.S. citizenship or permanent resident status, the immigration court may grant you relief known as cancellation of removal. If you can be granted this form of relief, this paves the way for you to obtain a green card.
Prosecutorial Discretion
If you have experienced removal proceedings, you may be granted relief based on prosecutorial discretion. In these situations, government prosecutors may decide for various reasons that your case is no longer worth pursuing. Whether it is due to a lack of evidence or other circumstances, this form of relief often comes with some restrictions, such as being able to apply for work authorizations but not being allowed to travel outside the country. If you have no criminal record this may be worth pursuing, since it is done on a case-by-case basis.

Since deportation could not only ruin the life you have in the U.S. but also put your life at risk, consult today with an experienced attorney, like David Grey.