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5 Possible Deportation Defenses

On Behalf of | Oct 20, 2018 | Blog

Finding out that you or a loved one is in danger of being deported can be a scary situation. In many instances, you will have the ability to defend against your removal and can attempt to prove to the government that you or your loved one should not be deported.


What might this process look like? After retaining experienced legal counsel, your case might be best suited for one of the following deportation defenses:

1) Demonstrating that you are not removable – When the Department of Homeland Security begins removal proceedings, they usually draw from information that would prove you are not in the country legally or have committed an offense that should give cause to deportation. However, they do make mistakes and your court appearance is the chance to demonstrate that you are not removable under the specific charges. If you can prove that DHS does not have the correct charges or documents needed, your case might be dismissed.

2) Showing that you’re seeking asylum – If you have left your home country due to threats of persecution, you may be permitted to stay in the country legally. When entering into the United States under asylum, it is your responsibility to apply for a work permit or green card to validate your stay. Oftentimes if this process is initiated during removal proceedings, your case might be dismissed.

3) Requesting deferred action – On a case by case basis, some judges might agree to a deferred action, which means removal proceedings are essentially paused. This defense is often granted to younger immigrants but does provide temporary relief from deportation.

4) Fear of torture in your home country – The Convention Against Torture Act provides that immigrants cannot be deported if there is a real threat to their well being upon return to their home country. Unlike asylum, which requires you to prove the possibility of persecution, a defense using the CAT can be a more successful approach during removal proceedings.

5) Voluntary departure – While this might not be your first choice if you’re facing deportation, offering to leave the country voluntarily might help you reenter the United States at a future date. If you are deported, it essentially goes on your record and makes it harder to come back. On the other hand, a voluntary departure shows you are cooperative and respectful.

At Villegas Law Office, PLLC, we have the knowledge and experience to aggressively fight for your rights. If you or a loved one is facing deportation proceedings and you’re not sure what to do, contact us today at (956) 412-0707 so we can guide you through the process.