Facing deportation or removal proceedings is one of the most stressful and life-altering experiences for any immigrant. In Ohio, as in the rest of the United States, the stakes are high, with potential outcomes that can separate families and disrupt lives. However, having a knowledgeable immigration attorney by your side can make a significant difference in defending your case and preserving your ability to remain in the country. In this post, we’ll explore what deportation and removal defense entail, common reasons immigrants may face deportation, and the legal defenses that can be used to fight removal in Ohio.

What is Deportation and Removal?

Deportation, now officially referred to as “removal”, is the legal process by which the U.S. government orders a non-citizen to leave the country. Removal can occur for a variety of reasons, including violations of immigration laws, criminal activity, or overstaying a visa. When an individual is placed in removal proceedings, they must appear before an immigration judge, who will determine whether they have the right to remain in the U.S. or must be deported.

Common Reasons for Deportation in Ohio

There are several reasons why immigrants in Ohio may face deportation, including:

Overstaying a Visa

• Individuals who enter the U.S. on a temporary visa (such as a tourist or student visa) and remain in the country after their visa expires may be subject to removal.

Criminal Convictions

• Certain criminal convictions can trigger removal proceedings, even for lawful permanent residents (green card holders). Crimes such as drug offenses, domestic violence, theft, or aggravated felonies can make an immigrant deportable.

Violations of Immigration Status

• Failing to maintain the terms of your visa, such as working without authorization, or violating conditions of refugee or asylum status, can lead to removal.

Fraud or Misrepresentation

• Providing false information on immigration applications, using fraudulent documents, or lying to immigration officials can result in deportation.

Unauthorized Entry or Reentry

• Entering the U.S. without inspection or attempting to reenter after a previous deportation are grounds for removal.

Public Charge Determination

• While not a common reason for removal, the government may seek deportation if it determines that an individual is or is likely to become a “public charge” (reliant on government assistance).

The Removal Process in Ohio

If you or a loved one is facing removal proceedings in Ohio, it’s important to understand how the process works. The removal process generally involves several stages:

Notice to Appear (NTA)

• The process begins with a Notice to Appear (NTA) issued by Immigration and Customs Enforcement (ICE). The NTA lists the charges against the individual and the reasons they are being placed in removal proceedings. It also provides the date, time, and location of the first immigration court hearing.

Master Calendar Hearing

• The first hearing in removal proceedings is called the Master Calendar Hearing. During this brief hearing, the judge will review the charges, and the immigrant (or their attorney) will have the opportunity to respond to the allegations and state whether they admit or deny the charges.

Individual Hearing

• If the immigrant contests the charges, the case will proceed to an Individual Hearing, where the judge will hear evidence and arguments from both sides. The immigrant and their attorney can present evidence, call witnesses, and make legal arguments in support of their defense.

Decision and Appeal

• At the end of the hearing, the judge will issue a decision. If the judge orders removal, the immigrant may appeal the decision to the Board of Immigration Appeals (BIA) within 30 days. If the appeal is unsuccessful, the individual may have further options for appealing in federal court.

Common Defenses Against Deportation and Removal

There are several legal defenses and strategies that can be used to fight deportation and removal in Ohio. The best defense will depend on the individual’s circumstances, such as their immigration status, length of residence in the U.S., family ties, and any prior criminal record. Some of the most common defenses include:

Cancellation of Removal

• Cancellation of removal is a form of relief available to both lawful permanent residents (green card holders) and non-permanent residents. To qualify, green card holders must show that they have resided in the U.S. for at least 7 years, been a permanent resident for at least 5 years, and not been convicted of certain serious crimes.
• Non-permanent residents must show at least 10 years of continuous residence in the U.S., good moral character, and that their removal would cause exceptional hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.

Asylum and Withholding of Removal

• Individuals who fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group may apply for asylum or withholding of removal. These forms of relief require showing a credible fear of harm if returned to their country of origin.

Adjustment of Status

• Some individuals may be eligible to adjust their status to become a lawful permanent resident based on a family relationship or employment. For example, an individual married to a U.S. citizen may be able to adjust status if they entered the country legally.

Prosecutorial Discretion

• Prosecutorial discretion allows ICE to decide not to pursue removal in certain cases. This may be granted based on factors such as length of time in the U.S., family ties, community contributions, or medical conditions.

Waivers of Inadmissibility or Deportability

• Certain waivers are available to forgive past immigration violations or criminal convictions. For example, a 212(h) waiver can be used to waive certain criminal grounds of inadmissibility, while a 601A waiver can waive unlawful presence.

Voluntary Departure

• In some cases, an individual may request voluntary departure, allowing them to leave the U.S. on their own terms rather than being forcibly removed. While this does not prevent future immigration consequences, it may be preferable to an order of removal.

Deferred Action

• Deferred action is a temporary protection from deportation, often used for individuals with compelling humanitarian reasons to remain in the U.S., such as serious medical conditions.

Why You Need an Experienced Deportation Defense Attorney

Removal proceedings are complex, and the stakes are high. An experienced deportation defense attorney can make a critical difference in the outcome of your case by:

• Assessing Your Options: An attorney will evaluate your case and identify the best possible defenses based on your unique circumstances.
• Building a Strong Defense: This involves gathering evidence, preparing legal arguments, and presenting a compelling case to the immigration judge.
• Navigating the Legal Process: Immigration law is intricate, with strict deadlines and procedural rules. An attorney ensures that your rights are protected throughout the process.
• Representing You in Court: An attorney will advocate on your behalf during hearings, cross-examine witnesses, and negotiate with government attorneys.

How Sintsirmas Immigration Law Co. LPA Can Help

At Sintsirmas Immigration Law Co. LPA, we understand the fear and uncertainty that come with facing deportation. Our experienced immigration attorneys are dedicated to providing compassionate and aggressive legal representation to clients throughout Ohio. We will evaluate your case, explore all available defenses, and fight tirelessly to keep you and your family together.

If you or a loved one is facing deportation or removal proceedings, contact us today to schedule a consultation. We are here to protect your rights and provide the guidance and support you need during this difficult time.