A Deportation defense in Atlanta is a necessary step toward protecting your legal rights in an immigration court hearing. An experienced Atlanta deportation defense lawyer will help you navigate the complex immigration laws and strategies that can prevent you from being removed from the country.
According to TRAC, Georgia is home to the fourth largest deportation population in the country, and immigrants in this state are less likely to have access to legal representation than other states.
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Defending Against a Deportation Order
If you are an immigrant and are facing a removal hearing, deportation, or administrative removability review in Atlanta, it is essential to contact a skilled legal advocate. Our immigration attorneys at Tadeo & Silva will assist you in navigating this intimidating process with a strong defense.
During the first stage of this process, the United States Department of Homeland Security (DHS) files a Notice to Appear with the immigration court. This document details why the government believes the non-citizen to be removable from the country and charges them with removability under specific provisions of law.
An immigration attorney in Atlanta can challenge the charge by addressing case-specific issues that may be easy to correct and can stave off deportation. For example, many foreign nationals are able to apply for cancellation of removal, which waives some immigration violations based on their status in the U.S.
Other options include requesting withholding of removal, which requires a showing that you are at risk for persecution in your home country. An attorney can also help you file for asylum, which is a legal way for individuals who are being persecuted to remain in the United States.
Defending Against a Removal Hearing
If you or a loved one is facing removal proceedings, you need an experienced Atlanta deportation defense attorney. These proceedings can be terrifying and result in serious consequences for you and your family.
If your attorney has a strong case, he or she can help you avoid removal and remain in the United States. The immigration courts have a variety of defenses to fight against removal, including grounds of removability and waivers for specific circumstances.
The government must prove the allegations in your Notice to Appear (NTA) and a charge of removability before they can remove you from the United States. These allegations are usually based on violations of immigration law or criminal convictions.
A well-informed legal representative may be able to argue that you are not removable due to a specific type of offense, such as conviction or the crime of moral turpitude. They can also help you file for a waiver of removal, which is a unique form of relief that has significant leeway during the petition process to consider community ties and other factors.
Defending Against a Removal Appeals Hearing
If you have been convicted of an unlawful act that causes your immigration status to be in jeopardy, or if the government is pursuing criminal charges against you, you may face removal proceedings. Those proceedings begin when the government issues a Notice to Appear (NTA) that lists allegations against you and a charge of removability.
An immigration judge must determine whether you are removable based on the allegations in the NTA and other evidence. If you can prove your case and convince the judge that you should not be removed, the Judge will allow you to remain in the United States.
Individuals facing deportation may challenge the government’s charging document (“Notice to Appear”), the government’s allegations against them, or their evidence by filing motions such as “Motions to Terminate,” “Motions to Suppress,” and “Motions to Reopen.” All of these motions provide an opportunity for individuals to highlight mistakes in the government’s documentation or handling of their cases, share important new or existing facts in a case, or clarify favorable aspects of law.
Defending Against a Removal Order
Deportation is a complex and frustrating process, and having an experienced Atlanta deportation defense attorney on your side can help you fight for your rights.
Defending against a removal order is especially important for people who are in the United States without legal status. If you are facing removal proceedings, it is crucial to contact an immigration attorney immediately to find out what options are available to you.
When an individual faces removal proceedings, the government begins by filing a Notice to Appear (NTA) with the immigration court. This document provides a broad description of the charges that the government has against an individual and the grounds for removal.
If you receive a NTA, be sure to read it carefully. It may contain inaccurate or untrue information.
Once a person is served with a NTA, they must file a response to the charges. If they do not respond, the government will issue an automatic removal.