defense lawyers employ various strategies to help their clients fight against deportation proceedings. These strategies aim to challenge the grounds for deportation, seek relief from removal, and protect the rights of the individuals facing deportation. Here are some common strategies used by deportation defense lawyers
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Challenging the legality of the deportation
Lawyers may challenge the legality of the deportation by examining the government’s evidence and procedures. They may argue that the individual’s rights were violated during the arrest, detention, or removal process. This can include challenging the validity of the arrest warrant, the lawfulness of the search and seizure, or any other constitutional violations.
Contesting the grounds for deportation
Lawyers may challenge the grounds for deportation by presenting evidence that disputes the government’s claims. They may argue that the individual is not removable based on the specific grounds cited by the government. For example, they may argue that the person is not in violation of immigration laws, has not committed any crimes, or does not pose a threat to national security.
Seeking relief from removal
Deportation defense lawyers may explore various forms of relief from removal available under immigration law. This can include applying for cancellation of removal, asylum, withholding of removal, or protection under the Convention Against Torture. They will gather evidence and build a strong case to demonstrate that the individual meets the eligibility criteria for these forms of relief.
Proving eligibility for legal status
Lawyers may help individuals establish their eligibility for legal status in the country. This can involve assisting them in applying for visas, green cards, or other forms of lawful immigration status. By demonstrating that the individual qualifies for legal status, deportation defense lawyers can argue that removal is unnecessary and disproportionate.
Negotiating with immigration authorities
Lawyers may engage in negotiations with immigration authorities to seek alternatives to deportation. This can involve requesting prosecutorial discretion, deferred action, or other forms of relief that allow the individual to remain in the country temporarily or permanently. Negotiations may also focus on finding solutions that address any underlying issues that led to the deportation proceedings.
Appealing the deportation order
If a deportation order is issued, deportation defense lawyers can file an appeal on behalf of their clients. They will review the case for any legal errors, procedural mistakes, or violations of due process. The appeal process allows for a higher-level review of the case and an opportunity to present additional evidence or arguments.
In summary, deportation defense lawyers employ a range of strategies to challenge the grounds for deportation, seek relief from removal, and protect the rights of individuals facing deportation. By utilizing these strategies, they aim to achieve the best possible outcome for their clients.