Deportation Defense

Few things are as frightening as receiving a notice that the U.S. government is trying to remove (deport) you from the country. Deportation defense (also known as removal defense) is a cornerstone of our practice at Chris Hammond Law Firm. We stand between our clients and the threat of removal, advocating for their right to remain in the United States. Whether you are facing deportation due to an expired visa, a criminal charge, a denied immigration application, or an unlawful entry, we are here to protect your rights and explore every available option to keep you in the country.

Understanding Removal Proceedings:

Deportation (removal) proceedings typically begin when the Department of Homeland Security (DHS) issues a Notice to Appear (NTA), which is the charging document stating the reasons they believe you are removable from the U.S. You will then have to appear before an Immigration Judge in Immigration Court (part of the Executive Office for Immigration Review, or EOIR). It’s important to know that immigration proceedings are civil, not criminal, but the consequences – being forced to leave your home, family, job – can be just as serious. Unlike criminal court, the government will not provide you an attorney if you cannot afford one; you have the right to an attorney but at your own expense.

This is why obtaining skilled legal representation is crucial. Having a knowledgeable deportation defense attorney can often mean the difference between winning relief or being ordered deported.

The immigration court system is notoriously backlogged and complex. As of recent data, there are over 3 million pending cases in U.S. immigration courts, leading to long waits and procedural complications. During this time, it’s vital to have an attorney who keeps track of your case and protects your interests. Our firm is experienced in navigating the Houston Immigration Court (as well as courts nationwide) and uses the delays to our clients’ advantage when possible (for example, giving time to gather evidence or await changes in law) while also pushing for timely resolution when it’s in the client’s best interest (for example, if you’re detained, we work to get a quick hearing for relief).

Common Forms of Relief (Ways to Fight Deportation):

Being in removal proceedings doesn’t necessarily mean you will be deported. There are numerous defenses and reliefs that can be applied for in front of the Immigration Judge, depending on your circumstances. Part of our job is to identify all possible avenues of relief you qualify for and mount a strong case for each one. Some of the most common forms of relief from removal include:

Asylum, Withholding of Removal, and CAT Protection: If you fear persecution or torture in your home country, you can apply for asylum (if within one year of entry or qualifying for an exception) or the related forms of protection (withholding of removal or Convention Against Torture protection, which have higher standards but can be sought even if asylum is not available). In court, we will present your asylum case to the judge as a defense against deportation. If granted, you will be allowed to stay (asylee status or a withholding/CAT deferral).

Cancellation of Removal for Non-Permanent Residents: If you do not have legal status (or only have something like DACA or TPS), and you have been in the U.S. for a long time, you might qualify for Cancellation of Removal. To be eligible, you must have at least 10 years of continuous physical presence in the U.S., have good moral character in that time, and demonstrate that your removal would cause exceptional and extremely unusual hardship to certain qualifying U.S. citizen or LPR family members (specifically, your spouse, parent, or child). This is a difficult standard to meet, but not impossible – hardship could be due to a family member’s serious health issues, education needs, financial dependence, etc.

Cancellation of Removal for Permanent Residents: Lawful Permanent Residents (green card holders) can also be placed in removal proceedings (often due to certain criminal convictions or having abandoned residency by staying abroad too long). There is a separate cancellation for LPRs which requires at least 5 years as an LPR, 7 years of continuous residence in the U.S. after lawful admission, and no aggravated felony convictions. We help permanent residents in this situation argue for a second chance to keep their green cards, often by showing equities like long residence, family ties, and rehabilitation.

Adjustment of Status: Sometimes a person in removal proceedings might become eligible for a green card through a family petition or other means while in court. For example, perhaps you married a U.S. citizen or an old petition’s priority date became current. In such cases, the court can actually grant a green card (adjustment of status) as relief from removal. We can file the necessary applications with the court’s permission and present your case for adjustment to the judge. This often involves also filing waivers if there are any inadmissibility issues (like unlawful presence or misrepresentation). We handle those waivers, crafting legal arguments and gathering supporting evidence (like showing extreme hardship to a spouse for an unlawful presence waiver).

Waivers of Inadmissibility or Removability: There are various waivers available depending on the ground of removability. For instance, a 212(h) waiver can forgive certain criminal offenses if you have a U.S. citizen/LPR family who’d suffer extreme hardship, and a 212(c) waiver (old law) can help long-term residents with old crimes under certain conditions. We will determine if any specific waiver can overcome the issue that landed you in court.

Voluntary Departure: If there is no viable way to remain in the U.S., we can request Voluntary Departure as a last resort. Voluntary departure allows you to leave the U.S. on your own within a set time frame (usually 60-120 days) instead of being formally deported. This avoids a deportation on your record and can make it easier to apply to come back legally in the future. We ensure that if this is the only option, it’s done in a way that preserves any rights you have and minimizes future penalties.

Our Deportation Defense Services:

When you hire Chris Hammond Law Firm for deportation defense, we become your fiercest advocates. Here’s how we assist:

Emergency Guidance: Often, people come to us at the start of a crisis – perhaps a family member was just arrested by ICE, or you received an NTA in the mail. We provide immediate guidance on what to do (for instance, if someone is detained, we may work swiftly to request a bond hearing to seek their release from custody). We explain the process, so you know what to expect at each stage, reducing the fear of the unknown.

Case Analysis and Strategy: We thoroughly review the government’s charges against you. Sometimes, DHS makes mistakes – for example, alleging you are removable when you actually have citizenship claims or other status. We check if you indeed are removable as charged; if not, we can move to terminate proceedings. If the charges are correct, we then explore all reliefs you are eligible for. Our team will often pursue multiple forms of relief simultaneously (for example, applying for asylum and cancellation of removal in the alternative). We leave no stone unturned – if there’s any way you can legally stay, we will find it and fight for it.

Documentation and Preparation: Removal cases involve extensive paperwork and evidence submission under strict deadlines and court procedures. We handle all filings, from the application forms for relief to legal briefs, motions, and evidence packets. We will gather supporting documents for your relief applications (e.g., evidence of the 10-year residence and family ties for cancellation, or marriage proof for adjustment, etc.) and ensure they meet the court’s requirements (proper page limits, filing deadlines, serving the opposing counsel, etc.). We also prepare legal memoranda arguing how you meet the requirements for relief, citing statutes, regulations, and case law. Immigration law is like a puzzle, and we craft creative legal arguments to fit your situation into the relief frameworks.

Court Representation: Our attorneys will represent you at all court hearings. In immigration court, there are typically preliminary hearings (Master Calendar Hearings) and then an individual merits hearing. At master hearings, we can enter pleadings (admitting or denying the allegations and charges on the NTA) and inform the judge what relief you will seek. We handle those appearances and communicate with the Immigration Judge and the government attorney professionally, making sure your case is on track. For the individual hearing (your trial), we will present evidence, make opening statements, examine and cross-examine witnesses, and make closing arguments on your behalf. Essentially, we act as your voice in the courtroom. We also ensure the record is preserved for appeal if needed – meaning we object to improper evidence from the government and submit all favorable evidence for you.

Bond Hearings: If you are detained by ICE, we prioritize getting you out on bond (bail). Not everyone is eligible for bond (some with serious criminal issues are mandatorily detained), but if you are, we gather evidence of your community ties and lack of flight risk (letters from family, proof of residence, employment records, etc.) and present a compelling case to the judge to set a reasonable bond so you can be released and fight your case outside of a detention center. This not only is more humane, it also often improves the chances of winning your case because you can actively assist in your defense and you’re in a better state of mind.

Appeals and Post-Decision Remedies: If the Immigration Judge issues an unfavorable decision, that’s not the end. We can appeal to the Board of Immigration Appeals (BIA). We have substantial experience writing appellate briefs to the BIA, pointing out errors the judge made or misinterpretations of law. If needed, we can further appeal to the federal Court of Appeals. Conversely, if you win your case and the government appeals, we will defend the victory on appeal. We also handle motions to reopen for cases that were already ordered deported (maybe because you didn’t have a lawyer or circumstances changed). For example, if you were ordered removed years ago but now married a U.S. citizen, we might seek to reopen your old case based on new facts. Our firm stays with you until every option is exhausted or until we secure a positive outcome.

Throughout the process, we also ensure you are informed and empowered. Immigration proceedings can take years; we provide updates and are available to answer your questions.

Facing deportation is stressful, but with a dedicated legal team by your side, you greatly improve your chances of a favorable result. We treat each deportation defense case with the utmost urgency and care, as we know it’s not just a case – it’s your life in the U.S. that’s on the line.

Schedule a consultation today:

If you or a family member is facing deportation, time is of the essence. Don’t wait and hope the problem goes away – get a strong legal ally in your corner. Contact Chris Hammond Law Firm immediately to schedule a consultation. Our Houston-based deportation defense attorneys will review your case, explain your rights, and start building a powerful defense to protect you. With our experience and determination, we will fight to keep you in the United States.