Phoenix Deportation Defense Lawyer

DEPORTATION LAWYERS IN PHOENIX, AZ

Thousands of non-citizens are asked to leave the United States each year. And while people can get deported from the country for various reasons, two of the most common causes are: being found guilty of certain crimes (such as serious drug crimes, rape, theft, assault, etc.) and violating U.S. Immigration laws.

Non-citizens can face deportation regardless of whether they entered the United States legally or illegally. Non-immigrant visas are issued to foreign nationals, allowing them to visit and temporarily stay in the United States for tourism, education, business, and other purposes. These visas are only valid for a certain period, and upon expiration, the visa holder is legally required to exit the United States or face legal consequences.

If you find yourself in this position, seek the help of a competent deportation lawyer immediately.

EXPERIENCED DEPORTATION DEFENSE ATTORNEYS

Immigrants have certain rights and protections even when faced with the possibility of removal. You have the right to a fair hearing and to appeal the immigration court’s final decision. However, fighting deportation alone is extremely difficult, which is why it’s crucial that you work with a lawyer who is well-versed in removal and deportation law.

Whether you have simply overstayed your visa or have committed a crime, you can count on Alcock & Associates to do everything in our power to prevent your deportation.

Our top immigration attorneys have represented thousands of people in deportation cases. We’re a group of immigration lawyers passionate about defending our clients. We understand how stressful and frustrating it is to be in removal proceedings or immigration custody. If you or a loved one is facing deportation from the United States, you’ve come to the right place. Our Phoenix deportation lawyers are on your side, ready to advocate for your rights and fight for you in Immigration Court.

Contact us today for an honest and professional opinion of your case. Our initial consultations are free of charge!

Deportation Basics:

When a person is detained by ICE, they are often taken to a processing center and then transported to a detention center. In Arizona, detained persons are typically sent to the Florence, Eloy, or La Palma Detention Centers.

Some people may qualify for a bond, which means that an Immigration Judge may allow the detained person to pay a certain amount of money to leave the detention facility.

Unfortunately, it can take several days or weeks before a judge holds an immigration bond hearing. Much of this will depend on the detention center processing time and the Immigration Court’s schedule. If a bond is granted, the detained person can return home and fight for their case outside the detention center. In all cases, it makes sense to speak with a deportation attorney as soon as possible. You may only have one chance to get a bond and a mistake could result in deportation!

Alcock & Associates has helped thousands of people obtain immigration bonds, and we can do the same for you. Our attorneys take representations extremely seriously and will do all they can to provide you with the support you need every step of the way, from obtaining a bond to the final hearing.

Keeping families together is a top priority for Alcock & Associates. You can count on us to fight tirelessly for your right to stay in the United States.

Please feel free to call our deportation lawyers in Phoenix at any time. We look forward to speaking with you today.

Read below for more information about the process.

OUR IMMIGRATION ATTORNEYS CAN HELP YOU GET A BOND

Anyone seeking a bond must first appear before an Immigration Judge, who will determine their eligibility. Certain people cannot get a bond. This includes people who self-surrendered at a port-of-entry and are classified as arriving aliens, people with prior deportations, and people who have committed certain crimes, such as drug crimes. Individuals under any of these categories are usually not eligible for bond. Still, each case is unique, so it is extremely important to speak with one of our immigration attorneys as soon as possible to know and understand your options.

If a person does qualify for a bond, the Immigration Judge will consider two questions:

1) Is this person a danger to themselves, the community, their family, or property?
2) Is this person a flight risk? Will this person attend their court hearings if they are released from the detention center?

If the Judge feels that the person might be a danger or a flight risk, the Judge will deny bond. The Judge is free to consider any evidence available to them to determine flight risk or danger. This means that the Judge will look at all past arrests, police reports, and prior immigration history.

For example, a person who has been convicted of a DUI offense may be considered a danger to the community, an immigration judge can deny a bond for that reason alone. The Judge will also consider whether or not the person was caught crossing the border or has established residence in the United States. Someone who does not have an immediate relative who is a US Citizen or Legal Permanent Resident may be considered an extreme flight risk because they do not qualify for 42(b) cancellation of removal.

A detained person has to provide specific documents to get a bond. An immigration attorney can help you figure out what documents the Judge will want to see in your case. It is important to note that there are many different Immigration Judges, some Judges are more likely to give bonds than others, however, there is no way to know how a Judge will rule in a bond case. Each case is different, which is why it is important to discuss your case in-depth with one of our immigration attorneys.

WHO IS NOT ELIGIBLE TO RECEIVE A BOND

As noted above, some crimes can make obtaining a bond and/or 42(b) cancellation impossible. These offenses are called Aggravated Felonies. If the person seeking bond has one of the following convictions, they will not be eligible to receive a bond.

AGGRAVATED FELONIES UNDER 8 USC § 1101(A)(43)

These crimes make getting a bond impossible:

• Alien smuggling – harboring or transporting of aliens except for a first offense in which the person smuggled was the parent, spouse or child
• Attempt to commit an aggravated felony
• Bribery of a witness – if the term of imprisonment is at least 1 year
• Burglary – if the term of imprisonment is at least 1 year
• Child pornography
• Commercial bribery – if the term of imprisonment is at least 1 year
• Conspiracy to commit an aggravated felony
• Counterfeiting – if the term of imprisonment is at least 1 year
• Crime of violence as defined under 18 USC 16 resulting in a term of at least one year imprisonment, if it was not a “purely political offense”
• Destructive devices – trafficking in destructive devices such as bombs or grenades
• Drug offenses – These include offenses generally considered to be “drug trafficking,” plus cited federal drug offenses and analogous felony state offenses
• Failure to appear – to serve a sentence if the underlying offense is punishable by a term of 5 years, or to face charges if the underlying sentence is punishable by 2 years
• False documents – using or creating false documents, if the term of imprisonment is at least 12 months, except for the first offense which was committed for the purpose of aiding the person’s spouse, child or parent
• Firearms – trafficking firearms, plus several federal crimes relating to firearms and state analogues
• Forgery – if the term of imprisonment is at least 1 year
• Fraud or deceit offense if the loss to the victim exceeds $10,000
• Illegal re-entry after deportation or removal for conviction of an aggravated felony
• Money laundering- monetary transactions from illegally derived funds and offenses such as fraud and tax evasion if the amount exceeds $10,000
• Murder
• National defense – offenses relating to the national defense, such as gathering or transmitting national defense information or disclosure of classified information
• Obstruction of justice if the term of imprisonment is at least 1 year
• Perjury or subornation of perjury – if the term of imprisonment is at least 1 year
• Prostitution – offenses such as running a prostitution business
• Ransom demand – offense relating to the demand for or receipt of ransom
• Rape
• Receipt of stolen property if the term of imprisonment is at least 1 year
• Revealing the identity of an undercover agent
• RICO offenses – if the offense is punishable with a 1-year sentence
• Sabotage
• Sexual abuse of a minor
• Slavery – offenses relating to peonage, slavery, and involuntary servitude
• Tax evasion if the loss to the government exceeds $10,000
• Theft – if the term of imprisonment is at least 1 year
• Trafficking in vehicles with altered identification numbers if the term of imprisonment is at least 1 year
• Treason – federal offenses relating to national defense

Even if a person has not been convicted of any of the above crimes, the Judge will look at all the circumstances in the case. If there is a question of domestic violence, for example, the Immigration Judge may find the person to be a danger.

There are ways of showing the Judge that the person is not dangerous and not a flight risk. One of our experienced immigration attorneys can help to prove this, and we will do everything possible to help your loved one return home as soon as possible to fight their case outside of detention.

How can I cancel my deportation if I am under a deportation proceeding?

Every immigrant under a deportation proceeding has the right to a trial where they can defend themselves against deportation. This trial is called an Individual Hearing, and it can be scheduled as long as there is one of three predominant defenses for deportation:

1. Adjustment of Status
2. Cancellation of Removal
3. Asylum

The Adjustment of Status defense requires legal entry into the country. Moreover, an immediate family member who is a resident or citizen (restrictions apply) needs to file a request for you.

Contrary to popular belief, legal entry is not only established if the immigrant enters the country on a visa; it is also established when a border officer has allowed the immigrant to enter the country as a vehicle passenger.

The defense of Cancellation of Removal requires ten years in the country, good moral character, immediate relatives who are residents or citizens, and for these relatives to suffer extreme hardship. Extreme hardship is a variable analyzed only at the hearing, meaning applicants may qualify for a Cancellation of Removal even if family members are healthy.

The asylum defense requires persecution by your country’s government or persecution by people that the government cannot control. Persecution must exist due to race, nationality, religion, political opinion, or membership in a social group.

Formulating these defenses takes a period of one to three years.

As lawyers, our objective is always to solve the problem; an appeal is possible in cases where the defenses are unfavorable. The appeal is a process in which the same case is presented to a judicial agency of greater authority. This lengthy process allows your case to be examined by another, more experienced judge. Appeals are filed with the Board of Immigration Appeals. People under an appeal process cannot be deported, so their stay in the country is extended until the Board of Immigration Appeals delivers a verdict.

Immigrants facing removal should not go to court alone. The deportation proceedings determine their future in the country; they deserve an aggressive attorney with the ability, skill, and professionalism to represent their interests.