Oakland Deportation Defense Lawyers
Serving Clients Throughout California
The state of Texas has deported more foreign nationals than any other state in America and second place isn’t even close. However, the dishonor for second place does belong to the more liberal-minded state of California. Despite California’s significant immigrant population – it has long been home to more immigrants than any other state – detention and deportation remain a threat to families here just like anywhere else in modern America.
Our Deportation Attorneys in Oakland
After you’ve started a life here in America, being detained and with orders for deportation can be insulting, frightening, and heartbreaking. But immigration attorneys like ourselves believe that you deserve to stay with your family and loved ones in the place you call home. With strong legal representation, it may be possible to challenge your deportation orders and remain in the United States.
Call Landerholm Immigration at (510) 491-0291 to discuss your options with an Oakland deportation lawyer.
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It can be scary to learn that you might not be allowed to remain in the United States as an immigrant based upon a violation or crime you have committed. However, if you do end up in the midst of removal proceedings, there are specific steps that you can expect to happen so that you are aware of your rights and know what you should and shouldn't do.
Initial Notification: The Notice to Appear
If the Department of Homeland Security believes that you are “removable” from the United States, it will file a Notice to Appear with an immigration court. You will receive a copy of this letter either in person or in the mail. This notice will detail where and when your hearing will take place, and will also include the allegations and charges that the DHS has against you.
Your First Hearing
Several hearings might take place during your deportation case, and the first one is called the “master calendar hearing.” This meeting is crucial; if you do not show up, you will automatically be ordered deported in your absence without any chance for a defense. You might be asked to sign documents that require you to depart without having a hearing, but this initial meeting is where you should state your case explaining why you should remain in the United States – specifically it is when you answer to the allegations and charges in the Notice to Appear. Though not required, it is strongly recommended to have legal representation at this hearing. At the end of the hearing you will be scheduled for your merits or individual hearing.
In order to stay in the United States, you may need to prepare and submit an application to the judge. This will include all the evidence, declarations and legal forms to show that you are eligible for the type of immigration relief that you are requesting.
The Merits Hearing
This second meeting is your opportunity to present your full case to the judge. Whether you will be claiming asylum or another application, it’s up to you to prove your case. You will be asked questions by your attorney, by DHS officials and the judge, and you also have the opportunity to present evidence in your defense. A merits hearing can take a long period of time, but it will conclude once the judge has reached a decision. If it has been proven that you should remain in the country, you will be able to do so. If the ruling is for your deportation, you will be required to leave once your time period for appeal is over. Should you choose to appeal the decision, the Board of Immigration Appeals can hear your case.
Ice Detention Centers
We see instances on the news and social media all the time of mothers, fathers, friends, and family being taken from their homes by Immigration and Customs Enforcement (ICE) agents and dragged to waiting cars. While it can be heartening to see neighborhoods react and try to defend their own, the plain ugliness of ICE’s brute force only exemplifies the need for strong legal representation to help these people get back to their lives and their loved ones.
If one has been accused of a crime, ICE may hold them in a detention center. If no crime has been committed but ICE determines that the individual is in the country illegally, they will be issued a Notice to Appear (NTA). The accused will later be given a date for a hearing in immigration court for which they must attend. If the court date is missed, orders for immediate removal may be filed that very day.
At the hearing, you and your lawyer will speak to your defense against the opposing counsel from Homeland Security. You may seek voluntary departure at this time. However, if you present a strong defense as to why you should stay in the country, then the entire legal matter could get wrapped up after just this initial hearing. The judge will then make the decision. The legal process may continue for months longer from here.
What Happens To Our Children If Both Parents Get Deported?
It is not unusual for individuals with no legal immigration status to give birth to U.S. citizen children. In fact, there are about five million children under the age of 18 who have at least one parent with no legal immigration status. As a result, many parents live in fear of deportation these days, simply because there will be no one to care for their children. If both parents are deported, what will happen to their U.S. citizen children, especially if they are detained for a period of time pending deportation proceedings?
The answer to this question is – it depends. Every situation is different, and how families choose to deal with the situation varies widely. Some parents who face deportation will leave their children in the U.S., in care of relatives. Other parents will take their children with them, or leave them with a relative or friend until they return to their home countries and can send for their children. There are some general pieces of advice, however, that apply to everyone facing this incredibly difficult situation.
- First, you should make a plan to put into action in case one or both parents are deported. You also should meet with an experienced immigration lawyer in order to go over your legal options.
- Next, gather important documents for your children, such as birth certificates, social security cards, health insurance cards, medical records, immunization records, passports, and other similar documents, and place them in a safe place where a close relative or friend can access them in case of an emergency.
- Finally, you can execute legal documents designating certain people as guardians of your children in the event that you are deported. There also are documents that you can sign that allow a relative or friend to obtain medical care for your child, if necessary
What Services Can A Lawyer Provide?
At Landerholm Immigration, A.P.C., our team of attorneys and associates can help defend you and your family from deportation and removal. We could try appealing to the decency of ICE from the start to see if they will be lenient in your case. However, the agency is not often cooperative with lawyers for the defense, and we may need to pursue other measures in order to help you.
An immigration attorney may be able to assist you in securing release by working with the immigration judge. Additionally, the attorney could help you file for deportation relief, or help you navigate the process of obtaining legal citizenship. There are numerous waivers and other eligibility requirements to consider during this time. A lawyer with experience in immigration law could be your last, best hope of securing your freedom.
What Is A Potential Defense To Deportation?
Some stages of immigration court move fast and one must strictly obey the judge’s orders if they hope to navigate the legal process and win their release. Therefore it is vital to enlist the assistance of legal professionals who understand immigration law, detention, and the deportation and removal process. At Landerholm Immigration, A.P.C., our lawyers will do everything in their legal power to fight for your freedom. Our years of experience have given us unique perspectives on all aspects of immigration law and we may be able to help you build a winning defense.
Some deportation defenses include:
- Appeals and waivers
- Cancellation of removal
- Convention Against Torture
- DACA (“Dreamers”)
- Family immigration
- Filing for adjustment of status based on marriage and family
- Motions to reopen deportation proceedings
- Naturalization and path to citizenship
- Seeking asylum
- Withholding of removal
Contact The Deportation Defense Lawyers Of Landerholm Immigration, A.P.C.
You have rights and those rights should be defended. If you or a loved one face the risk of deportation, you need to speak to a deportation defense attorney right away. Though a lawyer is not required for immigration court, the legal advice of a professional can increase your chances of retaining your freedom and remaining in the US.
The law firm of Landerholm Immigration, A.P.C. is solely dedicated to helping clients with immigration law. If you would like to schedule a free evaluation, please contact our Oakland offices at (510) 491-0291.