If you’re an immigrant dealing with legal hardship, you know that deportation proceedings in Texas are an overwhelming and frightful experience for immigrants. The fear of being separated from loved ones and the life you have built in the U.S. is with you every day.
However, you can successfully challenge deportation with the right legal defense strategies from an immigration defense attorney in Dallas. Proper legal representation can protect your rights and eliminate the threat of deportation for you and your family.
Below, we explore various defense tactics that skilled attorneys use to prevent the deportation of immigrants, examining potential defenses and the process of reopening cases.
1. Claiming Asylum, Withholding of Removal or Protection under the Convention Against Torture (CAT)
Asylum can be claimed by people who fear persecution in their home country based on race, religion, nationality, membership in a particular social group or political opinion. If a person doesn’t qualify for asylum, they might be eligible for “withholding of removal” or protection under CAT, which requires proving a high likelihood of torture upon returning to one’s native country.
2. Cancellation of Removal
Discretionary relief is available if you’re a long-term resident who can prove you’ve been in the U.S. for a specific period. Your immigration attorney must demonstrate that your deportation would result in “exceptional hardship” to your or family members.
3. Adjustment of Status
You may be eligible to adjust your status to lawful permanent resident if you have an immediate U.S. citizen relative, even if they entered the country without inspection. This legal strategy is a potential defense against removal when combined with other factors.
4. Waivers for Inadmissibility or Deportability
Your attorney may be able to waive certain grounds of inadmissibility or deportability, allowing you to remain in the U.S. For example they can apply the I-601A waiver if you are deemed inadmissible due to unlawful presence in the country.
5. Motions to Suppress Evidence
If evidence was obtained in violation of your constitutional rights, an attorney can file a motion to suppress the evidence. If granted, the evidence cannot be used against you, potentially leading to the termination of removal proceedings.
6. Motions to Terminate Proceedings
A lawyer may file a motion to terminate proceedings when there are substantive or procedural defects in the government’s case, such as incorrect charges or violations of your due process rights.
7. Motions to Reopen Cases
If some new facts or circumstances weren’t available at the original hearing, an attorney could file a motion to reopen the case. It might include evidence of changed conditions in your home country or the emergence of new qualifying relatives for certain types of relief.
Get a Free Case Review for Your Deportation Case in Texas
While facing deportation can feel like an impossible challenge, a solid legal defense can improve your chance of escaping deportation. Mark Jacobs can effectively navigate the intricate landscape of immigration law and help you get the freedom you deserve. Fill out our online form or call for a free case review from an experienced immigration attorney in Dallas, Texas.
