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Defending Migrants Facing Deportation 

Our unwavering commitment is to protect the rights of migrants facing the daunting prospect of deportation. We specialize in deportation defense, providing comprehensive legal support to individuals and families in their time of need. Our attorneys, Andres J. Correa and Octavio Martinez, bring their extensive expertise to each case. Mr. Correa’s background in national politics and Mr. Martinez’s 20 years of litigation experience make them formidable advocates for those facing deportation. Both attorneys are fluent in Spanish, enabling them to connect more deeply with clients and understand the cultural nuances. Please consult with one of our attorneys about your legal rights and options today.

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Legal issues involving deportation

Deportation in the United States is a complex process governed by a web of statutes and laws. To provide effective deportation defense, it is crucial to understand the legal intricacies that underpin the process. Primarily, deportation is governed by the Immigration and Nationality Act (INA), with a particular focus on Section 237. However, other laws and regulations also play an important role in deportation proceedings. Generally, non-U.S. citizens or non-lawful permanent residents are subject to deportation. This includes individuals who are in the U.S. on various visa types, refugees, and undocumented immigrants.

Reasons for deportation

Deportation can occur for various legal reasons, often called “grounds of inadmissibility” or “deportability.” These include:

  • Criminal Convictions: Individuals convicted of certain crimes, including aggravated felonies, drug offenses, and crimes of moral turpitude, may face deportation.
  • Fraud or Misrepresentation: Providing false information or committing fraud during immigration processes can result in deportation.
  • Visa Violations: Violating the terms of a visa, overstaying, or engaging in unauthorized employment can lead to deportation.
  • Public Charge: Becoming a public charge, i.e., relying on government assistance, can be a basis for deportation.
  • Visa Revocation: If the government revokes an individual’s visa, they may face deportation.

The deportation process

The deportation process can be lengthy and complex. It involves several key steps:

  • Notice to Appear: The process begins with a Notice to Appear (NTA) issued by U.S. Immigration and Customs Enforcement (ICE).
  • Master Calendar Hearing: The individual appears in immigration court for a Master Calendar Hearing to determine the nature of the charges against them and whether they will contest deportation.
  • Individual Hearing: If contested, an Individual Hearing is scheduled where evidence is presented, and both sides argue their case.
  • Decision: The immigration judge issues a decision, which can include relief from deportation or an order of removal.
  • Appeals: Either party can appeal the decision, potentially leading to further proceedings.

The deportation process can take several months to years, depending on the complexity of the case and the backlog in immigration courts.

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Deportation defenses

Individuals facing deportation still have legal rights, and it is crucial to mount an effective deportation defense strategy to preserve those rights, such as:

  • Asylum and Protection Claims: Those fearing persecution or harm in their home country may seek asylum, withholding of removal, or protection under the Convention Against Torture (CAT).
  • Adjustment of Status: Some individuals may be eligible to adjust their immigration status to lawful permanent residency.
  • Cancellation of Removal: Certain non-lawful permanent residents with qualifying family ties and continuous residence in the U.S. may be eligible for cancellation of removal.
  • Waivers: Waivers can be sought to overcome certain grounds of inadmissibility or deportability.

Get deportation defense advocacy

Navigating the deportation process is challenging and daunting. Having a skilled deportation defense attorney by your side is essential to protect your rights and explore potential defenses. At Correa & Martinez Trial Lawyers, we understand the importance of providing comprehensive legal representation to individuals and families facing deportation. Don’t face deportation alone. Contact us today for a complimentary initial consultation and let us be your trusted advocates in deportation defense in Miami.

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