Deportation defense: what to do when you have a court date

Common triggers for removal proceedings

Several actions or conditions can lead to the initiation of removal proceedings. Under 8 U.S.C. § 1227, common reasons for deportation include:

Violation of green card status: Failing to adhere to the conditions set for lawful permanent residents.

Marriage fraud: Entering into a marriage solely for immigration benefits.

Overstaying a visa: Remaining in the U.S. past the expiration date of your visa.

Unauthorized presence: Living in the U.S. without proper legal immigration status.

Criminal activity: Convictions of certain crimes, including drug offenses, fraud, or violence.

Inadmissibility: Being found inadmissible during adjustment of status or entry into the U.S.

Many other circumstances may trigger removal proceedings. Most often, Immigration and Customs Enforcement (ICE) accuses non-citizens of violating immigration laws, which then starts the deportation process.

What are your options to avoid deportation?

If you are facing deportation, you must understand that you have options. Several forms of relief from removal may be available depending on your specific circumstances, such as:

Adjustment of status: You may qualify to adjust your status to lawful permanent resident (green card holder).

Cancellation of removal: Certain non-citizens may apply for cancellation of removal based on specific criteria, such as continuous residence or hardship to a U.S. citizen relative.

Asylum or withholding of removal: If you fear persecution in your home country due to race, religion, nationality, political opinion, or membership in a particular social group, you may apply for asylum.

Voluntary departure: Instead of facing a formal deportation, you may request permission to leave the U.S. voluntarily.

Waivers: Some immigration violations can be forgiven through a legal waiver, allowing you to avoid removal.

What are removal bond proceedings?

Removal bond proceedings involve a payment made to the federal government to secure the temporary release of a foreign national from ICE custody. This bond guarantees that the individual will attend all future immigration court hearings and comply with court orders. If the detainee follows all the rules and fulfills their court obligations, the bond amount will be returned after the case.

However, securing an immigration bond is not always straightforward. The bond amount is set by an immigration judge, who considers several factors, including the individual's risk of flight and any potential threat to the community. Our deportation defense attorneys are well-versed in advocating for reasonable bond amounts and ensuring that clients can secure their release.

Factors the immigration judge considers for bond

An immigration judge evaluates several factors when deciding whether to grant a bond and how much it should be. These factors typically include:

Flight Risk: The judge assesses whether the individual is likely to attend future court hearings or may attempt to evade immigration proceedings.

Community Ties: A person with strong ties to their community, such as family, employment, or long-term residence, may be more likely to receive a bond.

Criminal History: Any prior criminal convictions or charges may influence the judge's decision. However, not all offenses will automatically disqualify someone from receiving a bond.

Danger to the Community: If the judge believes the individual threatens public safety, they may deny the bond or set it at a higher amount.

It is crucial to have an experienced deportation defense attorney present during the bond hearing. They can present compelling evidence, advocate for a lower bond, and help ensure the best outcome.

Contact a Florida deportation defense attorney for bond hearing representation

At 360 Immigration Law Group, we are dedicated to providing top-tier legal representation in removal bond proceedings. Whether you need assistance securing a bond, appealing a denial, or navigating the complexities of deportation defense, our team is here to help. We proudly serve clients across the U.S., its territories, and internationally, offering services in English, Spanish, and Portuguese.

Contact us at 954.667.3660 to schedule a free case consultation. We are available via phone, Zoom, or WhatsApp, ensuring that we can provide the legal support you need no matter where you are. Let our experienced deportation defense attorneys help you defend your right to stay in the U.S. and fight for your future.

Do you qualify? A four-question check

What does it cost?

Quoted individually, never a blind flat fee.

Removal defense depends on the court calendar and the relief applied for, so we quote in stages: appearance and bond first, then the relief application, then the merits hearing. You know each stage's cost before it begins.