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If your in deportation, get a deportation attorney

 

A deportation lawyer, Brian D. Lerner, explains how just being deportable in the U.S. does not mean you cannot win your case. First, the deportation attorney explains there are two forms of Cancellation of Removal. Of course, you must be in Removal Proceedings to apply for Cancellation of Removal and cannot apply outside of Removal Proceedings. Deportation Lawyers generally state that many times  clients come into their offices claiming they have been here for  over 10 years and they want the deportation attorney to get their Green Card for them. However, it is not that easy as most deportation lawyers will know. These people have the misunderstanding that they only need to be here 10 years and magically they will qualify for the  Green Card. The deportation attorney also states that many times people who already have their Green Cards (or Lawful Permanent Residency), that they cannot be kicked out of the U.S. or deported. That is not further from the truth explains deportation lawyers. In fact there are multiple grounds of inadmissibility explains the deportation attorney . Brian D. Lerner, deportation lawyer further explains that by having the Green Card, you still fall under multiple provisions of the Immigration and Nationality act and you can absolutely be removed from the United States and deported with your status and Green Card taken away from you.

 

Additionally, deportation attorneys gets many clients that say they committed a crime, but they served their time and therefore is it not double jeopardy and/or a violation of their constitutional rights to be put into deportation / removal proceedings for the same crime. Brian D. Lerner, deportation lawyer states unequivocally that it is not a violation of your due process rights and it is not double jeopardy to be deported or put into immigration court for that same crime. Deportation lawyers explains that it is the criminal law that controls when you get or do the crime. However, U.S. immigration law controls once you are released from prison or once you have plead and have the conviction explains deportation attorneys. Therefore, the deportation attorney  explains that you might have had your Green Card for 10-15 years and have committed a crime which lands you in deportation proceedings. You can then be deported back to your country for that crime.

 

Thus, the Law Offices of Brian D. Lerner, deportation attorney explains how it is possible to beat the deportation and keep your Green Card. There is what is known as Cancellation of Removal for Lawful Permanent Residents. If you have your Green Card and commit or have committed a crime, then you might fall under the provisions of Cancellation of Removal for Lawful Permanent Residents. What are the requirements inquires the deportation lawyer? The deportation attorney , Brian D. Lerner, explains that first you need to have the Green Card for about 7 years. Next, you must not have committed an aggravated felony and finally it is within the discretion of the Immigration Judge whether to grant or not grant this petition.

 

Watch a video of Brian D. Lerner, deportation lawyer explaining how to win a Cancellation of Removal Case

 

The second issue is of notable concern. The deportation attorney explains that there are many types of crimes that fall under the ambit of being an aggravated felony. In fact, if you are about to plead guilty to a particular crime, you might very well want to visit a deportation attorney to get a criminal evaluation to work with the criminal attorney to plead to something that might minimize your immigration consequences and/or make it so you are not an aggravated felon. Brian D. Lerner, deportation attorney, will then argue how the crime is not an aggravated felony and then proceed to prepare what is necessary to represent you in your removal proceeding. Remember, this form of Cancellation of Removal is only for persons who have their Green Cards, not those here illegally.  Thus, deportation lawyers explains that it is a matter of preparing a very detailed and generally large petition for Cancellation of Removal for Lawful Permanent Residents. This will include all kinds of hardship, equities, declarations, exhibits and other matters to show why the Immigration Judge should grant the Cancellation of Removal. The deportation attorney los Angeles explains how if the Cancellation of Removal for Lawful Permanent Residents is granted, then you will retain and keep your Green Card. It is basically like a get out of jail free card from the Monopoly game.

 

Brian D. Lerner, deportation lawyer goes on to state that at the trial, he will call witnesses and sometimes get expert testimony on different areas of the case. Brian Lerner, deportation attorney  will then also get a psychological hardship report for the different family members. Sometimes, deportation attorneys will get evidence to show rehabilitation, volunteer work, family ties and other equities so the Immigration will agree to give the person their Green Cards and to be able to stay in the United States.

 

Thus, while people may think the moment they get into deportation proceedings is the end of the road, it is not. Deportation attorneys show how experience and putting together a good case can get somebody to stay in the U.S. even after being ordered removable, after committing a crime and after serving time. It is the view of Brian D. Lerner, deportation attorney, to vigorously represent his clients. He believes that the criminal client already served their time and understands that many people do ‘dumb’ things when they were young. Also, many people are in the wrong place at the wrong time and afraid to fight the legal system or simply don’t have the money to defend. Deportation lawyers makes clear that many clients have been in the U.S. for many years and have families and nothing back in their home countries. Brian D. Lerner, deportation lawyer, explains that it would tear the family apart, hurt the children, make a past mistake ruin the current life. Therefore, it is critical that you not give up. Fight your case and get a good deportation Attorney.

Relief under 212(c)

Relief under 212(c) in Removal or Deportation Hearings – Avvo.com http://ping.fm/KDgnt

Deportation Hearings with the Order to Show Cause

Deportation Hearings with the Order to Show Cause issued prior to 1996 and Suspension of Deportation – Avvo.com http://ping.fm/n36bb

An Overview of a Deportation Case

An Overview of a Deportation Case – Avvo.com http://ping.fm/K9Hus

What is Removal?

What is Removal? – Avvo.com http://ping.fm/8Cdy5

What are the Grounds of Deportation?

Grounds for Deportation – Avvo.com http://ping.fm/0l7fa

HRW and ACLU Report on Deportation by Default

A report from Human Rights Watch (HRW) and the American Civil Liberties Union (ACLU) on “Deportation by Default: Mental Disability, Unfair Hearings and Indefinite Detention in the US Immigration System.” The report includes input from the Florida Immigrant Advocacy Center.

Motion to Reopen an in absentia order of deportation was granted by the BIA

BIA granted a motion to reopen an in absentia order of deportation based on Matter of Lozada. BIA found Matter of Lozada substantially satisfied where prior attorney is now deceased.

The Deportation Process Explained

The Deportation Process Explained

Question: I am now in deportation proceedings. I have no idea what to do in this deportation process and am very afraid how to proceed. Can you explain the deportation process and what will happen.

Answer: The deportation process is certainly one that is intimidating. The ICE officials are usually not pleasant and will many times try to have you sign documents that you should not sign. The deportation process is meant to try to get you to voluntary deport so that there is one less person in the system. Nobody is there to help you during the deportation process, and therefore, you must do what is necessary to get a qualified immigration attorney. The deportation process usually begins with you being taken from your house or work and put into immigration detention. At that point, I have many clients tell me that ICE officials will basically tell them there is no hope and that they should just sign the voluntary deportation papers so they can be deported. However, in many cases this hopelessness is not true and there are forms of relief that is available. Therefore, do not sign anything. The deportation process will then continue with a hearing in front of the Immigration Judge. Normally, the first hearing will be set around 5 to 10 days after you are placed into detention. While it is possible to get bond beforehand, it is not likely. Even if Immigration sets bond, it is usually many thousands of dollars higher than what the Immigration Judge might set.

At the first hearing in the deportation process, you should then request a Bond Redetermination Hearing. This is the hearing where evidence will be presented to see if you are statutorily eligible for bond, and if so, what amount should be set for that bond. If the bond is set, then the case will be continued and you will be given an opportunity to have a family member or friend post the bond and you will be released. Keep in mind that if you appear at all your immigration hearings, that you will get your bond money back at the end of the process. However, if you skip a hearing or do not follow the necessary instructions, you will have just given Immigration the bond money without return.

The deportation process will then continue in a non-detained facility if you bonded out and will continue with what is known as a Master Calendar hearing. While this particular hearing does not last long in front of the Immigration Judge, it is very important. It is where you will plea to the allegations in the Notice to Appear. This is the document you are served with at the beginning of the deportation process. It is the charging document as to why immigration believes you are deportable. After the Master Calendar, if you disputed any of the allegations, the deportation process will be set over for what is known as a Contested Hearing. This is where evidence will be presented to dispute the allegation and the Immigration Judge will either agree or disagree with you. If the charge is sustained, the Immigration Judge will determine if there is a proper ground for removability. If so, the next phase of the deportation process is for you to present evidence on what grounds of relief you might qualify for in Immigration Court. This could be Cancellation of Removal, Adjustment of Status, Asylum, Convention Against Torture, Registry and others.

Once you have let the Immigration Judge know what relief you might qualify for, your case will be set over to file the necessary applications. Afterwards, the deportation process will allow the next hearing which is known as a Merits Hearing. This is where you will actually have trial on the matter and bring witnesses and all of your testimony as well as whatever other evidence you have. At the end of the deportation process (at least at the Immigration Court level), the Immigration Judge will make a decision and let you know if the relief has been granted or denied.

Of course, this is a summary of the deportation process and there are lots of other items involved. However, this does give you an idea of the deportation process and what to expect. One thing is for sure. Be sure to get an Immigration Attorney who knows the deportation process!

Get the Best Deportation Lawyer to help you with your Deportation Case

Best Deportation Lawyer needed for Removal Proceedings

Question: I am in deportation proceedings and I have no idea what to do. Can you help me?

Answer: First, you want to make sure to hire the best deportation lawyer. There is a myriad of things that can go wrong. You have to remember that the Immigration Judge and the attorney representing the ‘other side’ are not there to help you. In fact, you are just a number to them. You must find a knowledgeable and reputable deportation attorney who you believe is the best deportation lawyer available for the job. Keep in mind that the difference between a win and a lose could very well fall on the tactics that the immigration lawyer does and the manner in which he or she does it.

Question: I would like to find the best deportation lawyer. However, I just do not know what to look for in that particular immigration attorney. Can you help?

Answer: First, you want to make sure that the best deportation lawyer is actually an attorney. Unfortunately, there are some very unscrupulous people out there that could try to come off as an attorney and only end up taking your money. You can find out if they are in fact an attorney, they will be listed on the website for the attorneys for that particular State. Next, make sure the best deportation lawyer actually specializes in Immigration Law. If you will do a small inquiry, you will note what kind of law the immigration attorney does. If this immigration attorney only does a few immigration cases and takes multiple other cases per year of other areas of law, then it is a pretty good assumption that this particular immigration lawyer is not the best deportation lawyer for the job and probably does not know the details and complexities of immigration law. Many States actually have exams and other requirements for the immigration lawyer to take if that particular immigration lawyer wants to become a certified specialist in Immigration and Nationality Law. If your particular State has such a program for the licensed attorneys, it would be a good idea to see if this attorney is a certified specialist. If so, then you are one step closer to finding the best deportation lawyer for your case. Next, you certainly want to find out if this immigration attorney emphasizes deportation and removal law. Believe it or not, an immigration attorney can be a certified specialist in immigration law and still not specialize specifically in deportation law. If that is the case, then you have a very qualified immigration lawyer, but do not have the best deportation lawyer.

Question: How do I know if this immigration lawyer emphasizes deportation law.

Answer: You can certainly ask the immigration attorney what is their emphasis in immigration law. Alternatively, go on websites like Avvo.co, or Linkedin.com or other similar sites that allow you to view a detailed profile of the immigration attorney and ho that particular immigration attorney presents himself or herself. You should be able to notice that there is an emphasis in a particular area. For example, in deportation law, you will find discussions on Cancellation of Removal, Asylum, Convention Against Torture, Withholding of Removal, Adjustment of Status, Waivers and other items of a similar nature.

Getting the best deportation lawyer will give you a better chance of winning your case. It will give you a better chance of not being deported and if you win, you will be able to stay in the United States with your loved ones and your family. So, the bottom line, is do your homework and interview your immigration attorney, and then you can proceed with finding the best deportation lawyer for your case.

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