Removal Defense

Removal, formerly “deportation” or “exclusion,” can have extreme consequences on individuals and their families. Any person in the United States who is not a U.S. citizen may be subject to removal proceedings if he is deemed removable from the United States on any of the numerous grounds specified in the Immigration and Nationality Act. Legal immigrants and permanent residents are subject to severe immigration consequences if they are convicted of certain crimes (e.g., “aggravated felonies,” “drug-related offenses,” and “crimes of moral turpitude”). In certain cases, even absent any criminal convictions, individuals seeking to adjust their status to that of lawful permanent resident may not be eligible to become permanent residents if they have been arrested for certain crimes. Even those who do not have any arrest or conviction record may be subject to removal proceedings if they have violated U.S. immigration law. Immigrants can suffer cancelled visas, detention, and removal proceedings. Even if you are removable, you may seek various forms of relief from removal if you qualify. A successful removal defense requires extensive knowledge of and skills in analyzing complex issues of criminal and immigration law. Allow us to discuss with you how we can help you avoid or minimize harsh removal consequences. 

Receiving a Notice to Appear before an Immigration Court in Orlando or elsewhere is very serious. You could be forced to leave your home, job and children in America behind. Your very future here is at stake.

You Have Rights
The U.S. government cannot remove you without due process of law. You will have a removal hearing in an Immigration Court (in Orlando or another city), a skilled removal defense attorney is necessary to help you try to avoid the destruction of your life and family by deportation.

Grounds for Removal
There are a number of grounds for inadmissibility and/or removal of a noncitizen, including, but not limited to:

  • Conviction of a felony, including sexual assault, murder or theft
  • Diagnosis of AIDs or tuberculosis
  • Fraudulent marriage to a U.S. citizen in order to gain a coveted green card
  • Making terroristic threats
  • Voting in any election in the United States
  • Representing yourself as a U.S. citizen on an I-9, student loan, or any other federal or state form

Other Areas of Practice:
Asylum, Withholding of Removal and Convention Against Torture

Pursuant to U.S. immigration law, any person considered to be a refugee may be eligible for three different types of relief – asylum, or withholding of removal or deferral of removal (both under the Immigration and Nationality Act and the U.N. Convention Against Torture). Persons with a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion may be eligible to apply for asylum or refugee status in the United States. Persons who establish that it is more likely than not their life or freedom would be threatened on account of one of these grounds may be eligible for withholding of removal or deferral of removal under the Immigration and Nationality Act. In addition, persons who satisfy the torture requirement may be eligible for withholding of removal or deferral of removal under the Convention Against Torture, without having to prove any of the five grounds required for asylum or withholding of removal under the Immigration and Nationality Act. 

Detention and Bond Proceedings – Our office has been successful in representation of clients in immigration detention by having them released from government custody on bond or on their own recognizance.