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Deportation (Removal) Defense Lawyers in San Diego

Helping Keep You & Your Family Together

What is commonly called “deportation” was officially renamed “removal” in 1997. We call it deportation here. If you want more details about the differences, read the section “Deportation, Exclusion, and Removal 101” below.

What Happens During Deportation Proceedings?

Before the U.S. Department of Homeland Security (DHS) can deport a non-citizen from the United States, they need an order giving them the authority to do that.

While there are a few different ways that the DHS can obtain this kind of order, for most non-citizens inside the United States they need to file formal charges and prosecute a deportation case against that person in proceedings before an immigration judge from the U.S. Department of Justice (DOJ), another department of the federal government.

The Deportation Process

The process of deportation is quite complex and can be scary for the person being threatened with permanent deportation.

They face:

  • A government attorney from U.S. Immigration and Customs Enforcement
  • The agency within the DHS that prosecutes deportation cases
  • And appear before an immigration judge from the Executive Office of Immigration Review, the agency within the DOJ that runs the Immigration Court and Board of Immigration Appeals

However, those subject to deportation proceedings have certain rights, including the right to hire an attorney, and the right to fundamentally fair proceedings. Someone facing deportation proceedings can challenge whether they are deportable or inadmissible as charged, and may also be able to show they are entitled to relief or protection from deportation.

The immigration judges do not always get it right, and someone ordered deported can challenge the immigration judge’s decision before an appellate board within the DOJ, the Board of Immigration Appeals, and then before the federal appellate courts, first with the U.S. Court of Appeals with jurisdiction over their case and then with the U.S. Supreme Court. They may also have the ability to challenge certain parts of their case in the state and federal trial courts.

If you're facing deportation, please do not hesitate to reach out to our San Diego removal defense firm by calling (619) 900-6778 or by contacting our team online.

What Are the Most Common Reasons for Deportation from the United States?

The DHS may seek an order of deportation against someone for a wide range of reasons, typically having to do with a suspected violation of criminal or immigration laws. If the DHS successfully deports you, you will be barred from re-entry to the United States for many years, even for a visit. As such, protecting yourself from deportation is essential.

The reasons you could be deported include:

  • Being an "inadmissible alien"
  • Assisting others in illegal entry
  • Illegally residing in the country
  • Violating nonimmigrant status
  • Violating conditions of entry
  • Lying/falsifying information related to your entry
  • Being convicted of certain crimes
  • Committing marriage fraud for immigration purposes
  • Taking part in any activity that threatens national security
  • Overstaying a visa

Put 65+ Years of Combined Experience on Your Side Today

If you are facing deportation proceedings or fear that you may be in the future, Jacobs & Schlesinger can help. Our San Diego deportation defense lawyers can get to work on your case right away, protecting your rights and crafting an effective argument against your deportation.

With decades of combined experience, our team has helped several hundred [JA1] individuals and families avoid deportation. We represent people facing deportation proceedings who are both in and out of detention. We also provide proactive services, called “Emergency Plans,” to prepare you and your family should the DHS attempt to deport you.

Please do not hesitate to reach out to our firm at (619) 900-6778 or by filling out our online contact form. We look forward to assisting you.

Deportation, Exclusion, and Removal 101

Before April 1, 1997, there were separate proceedings for non-citizens who had entered the United States and those who had not. Someone who had entered the United States could be placed in “deportation proceedings,” in which they could be ordered deported. Someone who had not entered the United States could be placed in “exclusion proceedings,” in which they could be ordered excluded.

Exclusion and Removal Proceedings

As of April 1, 1997, deportation and exclusion proceedings were mostly combined into “removal proceedings,” in which a non-citizen could be ordered removed. For removal proceedings, it matters whether the non-citizen has been officially admitted to the United States, rather than if he or she has just entered.

Someone who was admitted to the United States might be placed in removal proceedings on the basis of a charge of “deportability.” Someone who was not admitted to the United States, even if they were paroled into the country, might be placed in removal proceedings on the basis of a charge of “inadmissibility.”

Additional Proceedings that Can Result in Removal

There are also some other types of proceedings that can result in a removal order, including:

  • Expedited Removal Proceedings: which may apply for someone subject to removal based on inadmissibility grounds;
  • Administrative Removal Proceedings: which may apply for someone subject to removal based on deportability grounds
  • Reinstatement Proceedings: which may apply for someone who reenters the United States after they were removed

In addition, members of some groups are not entitled to full removal proceedings, but can still seek protection from removal before an immigration judge. For instance, crew members, stowaways, and those who entered under the Visa Waiver Program who make a threshold showing can present their claims in asylum-only proceedings.

Others who seek protection while in administrative removal proceedings or reinstatement proceedings and make a threshold showing can present their claims in withholding-only proceedings.

Contact a Removal Defense Lawyer in San Diego Today

When you trust Jacobs & Schlesinger with your deportation case, you are working with an immigration firm that has decades of experience. We truly care about our clients and provide individualized care to ensure you are positioned for the best possible outcome given your situation.

No matter the reason for your deportation proceedings, you can rely on our San Diego deportation defense attorneys to review your case and all supporting documents. We are extremely thorough in our methods and our research in order to draft a strategic and effective defense. Jacobs & Schlesinger attorneys have received national recognition for succeeding in cases which many other firms considered impossible.

Contact our San Diego law office at (619) 900-6778 to set up a case evaluation and discuss your situation with our deportation defense team.

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Why Choose Jacobs & Schlesinger?

  1. Full-Service Immigration Firm with the Ability to Handle Any Matter In-House
  2. A Team of Diverse Backgrounds & Decades of Combined Experience
  3. Partner Ginger Jacobs Is Recognized as One of the Best Immigration Attorneys in San Diego
  4. Long Standing Commitment to Ethical Operations
  5. Creative & Dedicated Advocates for Our Clients, Their Families &
    Their Futures
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