Phoenix Removal Defense Attorney
Empathetic and Assertive Advocacy for Immigration Rights in Arizona
One of the scariest realities an immigrant might face is deportation. Attorney Lelia Adams personally experienced such a situation when her mother was deported. She fought tirelessly to bring her mother back, and she will fight tirelessly for you.
No case is too difficult for our firm to handle, and we will provide the balance of empathetic and assertive representation you deserve. We firmly believe in your rights as an immigrant and will do our best to defend you against removal actions like deportation. When you need an experienced removal defense lawyer, turn to Essien Immigration Law.
If you need help with deportation defense, contact Essien Immigration Law for a Phoenix removal defense lawyer at (602) 833-2650.
Grounds for Removal from the US
Under the US Immigration and Nationality Act (INA), there are several grounds for the deportation (removal) of non-citizens, such as:
- Being convicted of a crime in the following five categories – aggravated felony, crimes involving moral turpitude, drug crimes, firearms offenses, and domestic violence crimes
- Being in the US unlawfully
- Fraud (e.g., fraudulent marriage to obtain a green card, falsely representing US citizenship to obtain a government benefit, or forging an altered citizenship document to obtain government assistance)
Who is At Risk for Deportation?
You or your loved ones may be at risk for deportation if their situation involves the following:
- Illegal entry into the United States
- Being in the U.S. with an expired visa
- Immigrated to the U.S. and did not provide a new address to USCIS
- Immigrant who has been convicted of a crime
- Violation of immigration laws, for example, faking a marriage in order to obtain a green card
What is Considered “Being in the U.S. Unlawfully”?
Individuals who are in the US unlawfully can be removed by the US Immigration and Customs Enforcement (ICE) officers without a hearing.
A person is considered an illegal immigrant if:
- They have not obtained permission to enter the US;
- They were inadmissible to the US at the time of entry or adjustment of their status;
- Their admission to the US has been revoked or terminated;
- They failed to maintain the status under which they were admitted (e.g., enrolled in a university as a student);
- They failed to comply with any conditions of entry to the US;
- They knowingly encouraged or assisted another alien to enter the US unlawfully; or
- They procured their visa or other documentation by fraud.
Lawful permanent residents (green card holders) and visa holders have the right to a hearing before they can be deported, and they also have the right to appeal a decision to the Board of Immigration Appeals (BIA).
When you need an experienced removal defense lawyer in Phoenix, turn to Essien Immigration Law. Call (602) 833-2650!
What is the Deportation Process?
The deportation process, also known as removal proceedings, is the legal process through which the U.S. government seeks to remove a non-citizen from the country. If you or a loved one is facing deportation in Phoenix, it is crucial to seek the assistance of a skilled and experienced removal defense lawyer at Essien Immigration Law.
The deportation process typically involves the following steps:
- Notice to Appear (NTA): The first step is the issuance of a Form I-862, Notice to Appear by the Department of Homeland Security (DHS). This document specifies the reasons for the deportation and provides information about the upcoming removal proceedings.
Master Calendar Hearing: The non-citizen must appear before an immigration judge for a Master Calendar Hearing. During this hearing, the judge will explain the charges, the rights of the individual, and set a schedule for future proceedings If you miss your hearing, you may face automatic removal from the U.S. - Individual Merits Hearing: If the non-citizen contests the charges or seeks relief from deportation, an Individual Merits Hearing will be scheduled. This hearing allows the individual and their Phoenix deportation defense lawyer to present evidence, witnesses, and legal arguments to support their case. Failure to appear at this hearing may likely result in automatic removal as well.
- Immigration Judge's Decision: After considering the evidence and arguments presented, the immigration judge will issue a decision on whether the individual should be deported or qualifies for any relief from deportation.
- Appeals and Relief: If the immigration judge orders deportation, the individual may have the option to appeal the decision to the Board of Immigration Appeals (BIA) or seek relief from deportation through other legal avenues.
Navigating the deportation process can be complex and challenging. Having a skilled Phoenix removal defense lawyer by your side is crucial to protect your rights and explore all possible defenses and relief options available to you.
I Received a Notice to Appear (NTA)
If you have received a Notice to Appear (NTA) in the mail, it means that removal proceedings are being taken against you. The NTA states why the Bureau of Immigration and Customs Enforcement believes you should be deported. When you receive the NTA, a hearing will be scheduled and the immigration judge will determine if what is stated in the NTA is correct. If the judge decides that it is true, then you will be ordered to leave the U.S.
Do not worry -- there are options to defend yourself against deportation. We do not recommend attempting to resolve this on your own because there is too much at stake. It is best to speak with an experienced deportation attorney in Phoenix as soon as possible. Call (602) 833-2650 to schedule an appointment at Essien Immigration Law.
If you received a Notice to Appear, then deportation proceedings have started for you. Reach out to a qualified Phoenix removal defense attorney at Essien Immigration Law as soon as possible. Call (602) 833-2650. Se habla Español.
Can I Appeal the Immigration Judge’s Decision?
Yes -- you have 30 days to appeal the judge’s decision to the Board of Immigration (BIA). If the BIA does not decide in your favor, then your case may be appealed further to the U.S. Court of Appeals. If they do not agree, with you, then the you may appeal to the U.S. Supreme Court.
What Is The Appeals Process?
If you receive a favorable verdict at either the Master Calendar Hearing or the Individual Merits Hearing in your deportation case, it means the judge has ruled in your favor and you will be allowed to remain in the United States. However, if the judge rules against you and signs a removal order, it is crucial to take further action to protect your rights.
Options for appealing the immigration judge’s decision:
- First Appeal: Appeal your case to the Board of Immigration Appeals (BIA). The BIA is an administrative appellate body that reviews immigration judge decisions. You must file a Notice of Appeal with the BIA within 30 days. It is essential to have a skilled Phoenix removal defense attorney by your side to prepare persuasive legal arguments and present your case effectively.
- Second Appeal: If the BIA affirms the immigration judge's decision or remands the case back to the immigration court, and you still believe there are legal errors in the decision, file a petition for review with the United States Courts for the Ninth Circuit, which is the federal circuit court of appeals that covers cases in the western states, including Arizona. The Ninth Circuit will review the case to determine if there were any legal errors or violations of your rights during the proceedings.
- Final Appeal: In rare circumstances, if you are dissatisfied with the Ninth Circuit's decision, you may seek a final appeal by petitioning the United States Supreme Court. However, it is important to note that the Supreme Court receives numerous requests for review each year, and they only grant a small percentage of these petitions. The Supreme Court typically reviews cases that involve significant legal issues or conflicts among different circuit courts.
If you are facing deportation in and need assistance with the appeals process, contact our skilled Phoenix deportation defense attorney. We are dedicated to protecting your rights and advocating for the best possible outcome in your deportation case.
Call a Phoenix Deportation Lawyer at (602) 833-2650
At Essien Immigration Law, we understand the urgency and stress that deportation cases can bring. That's why we offer 24/7 availability to address your concerns and provide the guidance you need during this difficult time. With over 10 years of experience in removal defense, we have helped numerous clients in Phoenix fight deportation and achieve successful outcomes.
If you or your loved one is facing deportation, contact our removal defense lawyer in Phoenix today. We are dedicated to providing aggressive and effective representation to protect your rights and advocate for your best interests throughout the deportation process.
Contact us today for a consultation at (602) 833-2650 or via message and let the lawyer who was once an immigrant fight for you.
What Is Removal Defense?
Removal defense lawyers have the critical job of representing immigrants facing deportation from the United States. The removal process involves appearing in immigration court, where an attorney will build a case for why you should not be deported.
Deportation Defense Options
Depending on your situation, there are several deportation defense options available, including:
- Filing a Motion to Terminate
- Combatting charges of inadmissibility or deportability from the Department of Homeland Security (DHS)
- Requesting asylum
- Requesting a Withholding of Removal
- Petitioning for Cancellation of Removal
- Petitioning for Adjustment of Status
- Requesting a waiver of inadmissibility/deportability
- Combatting USCIS denials
- Seeking relief while in ICE custody
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24/7 Availability
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Unique Perspective
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Hardworking
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Relatable
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Immigration is very complicated and you need an intelligent attorney to represent you, Lelia is that attorney.
- Phillis M. -
I have used multiple attorneys in the past and Lelia has proven to exceed my expectations, she was completely understanding, professional and worked very diligently to the end and I’m so grateful!
- Walter S. -
I have to admit that I was really impressed by the way she handle the case to bring it to a successful outcome in a very short period of time.
- Elie Z. -
We are grateful to you Lelia Adams for your efforts you made since the very beginning of my husband Aloysius Davis Immigration process from South Korea
- Alice D. -
Her knowledge of the laws when it comes to immigration is impeccable.
- Timothy W.
Trust Us to Handle Your Case
Removal defense is a tricky area of immigration law that is best handled by an experienced professional. At Essien Law Firm, we bring both personal experience and professional experience to the firm. We understand the mental and emotional distress associated with threats of deportation, having undergone it ourselves for our family. You can trust us to put up a passionate and assertive fight for your defense against removal, and we will do our best to secure a cancellation or other option for terminating the deportation action against you.
Schedule a free initial consultation with our firm today to discuss your legal options in more detail. Don’t face this obstacle alone when we can stand by you when you are facing removal proceedings.