Deportation or removal is not a situation anyone in Naperville wants to face. But for many reasons, the threat of deportation is just as scary, even if you are not currently engaged in removal proceedings.
Advice and representation from an experienced Naperville deportation defense lawyer could help bring a positive resolution to your situation. Regardless of your circumstances, there are options available that may be used to try and prevent deportation. The sooner you start working with an immigration lawyer with knowledge of deportation defense, the sooner your legal advocate could begin working on your behalf and help you avoid actions which could jeopardize your case.
The Attorney’s Role in Deportation Defense
In a removal proceeding, the judge takes an impartial stance before deciding whether an individual should be deported. The judge would not automatically agree with arguments presented by government agents advocating removal. However, the judge would also not automatically be lenient to every individual who wishes to stay.
Agents of the Department of Homeland Security would then present arguments as to why the individual involved should be removed from the U.S. The individual fighting removal has a chance to explain the legal arguments as to why removal is not proper or relief from removal should be granted.
This is where assistance from an experienced deportation defense lawyer in Naperville may prove extremely valuable. Most people are unfamiliar with the legal reasoning behind removal or the eligibility factors for various forms of relief. A lawyer who knows the legal requirements could persuasively present the necessary facts to demonstrate why the judge should provide the desired outcome.
Possible Defense Strategies
When defending against removal, it may be possible to argue that removal is inappropriate because the person involved has done nothing to justify deportation. In addition, it is also usually possible to argue that even if the person involved could be legally considered removable, the court should grant relief from deportation due to certain factors.
Potential avenues of defense include:
- Applying for cancellation of removal
- Applying for asylum
- Seeking adjustment of status
- Demonstrating that alleged grounds for removal are inapplicable
- Seeking prosecutorial discretion on the grounds of good character or family connection
A deportation defense lawyer in Naperville may present arguments in the most persuasive manner by drafting a comprehensive legal brief and support those arguments by preparing exhibits and witnesses for the hearing.
Decisions May Be Appealed if Necessary
Even after the best possible preparation, it is still possible for a judge to rule in favor of removal. However, the case need not end there.
The decision of the immigration judge may be appealed to the Board of Immigration Appeals, which is a group which interprets immigration law on behalf of the Department of Justice. Beyond that, cases may be appealed to a Federal Court of Appeals. Both of these courts could be accessible to a deportation defense attorney in Naperville.
Consult a Deportation Defense Attorney in Naperville Today
Immigration law is unfortunately quite complex and subject to frequent amendment. To take advantage of all possible opportunities for removal defense or relief, it important to understand the laws and how those laws are enforced.
That is why advice and assistance from a knowledgeable attorney could make a difference in your case. In addition to using all available methods to prevent removal, a knowledgeable Naperville deportation defense lawyer could assist in helping to secure a release on bond if you or a loved one have been detained. To learn what may be possible in your case, call now for a confidential consultation.