Two Common Defenses to Deportation

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Eduardo Paredes

ATTORNEY EDUARDO PAREDES is an experienced criminal law and immigration law attorney. Given his experience in both of these arenas of the law, Attorney Eduardo Paredes readily able to defend a variety of clients who not only face the criminal consequences of a criminal charge, in addition, to protecting the client against the adverse immigration consequences that arise after an arrest. As such, Attorney Eduardo Paredes represents clients in felony and misdemeanor in criminal law cases, and also defends the accused from deportation in U.S. Immigration Court.

If an immigration judge determines that you are not in the United States legally or no longer have a right to your permanent resident status, this does not automatically mean that you will be deported. An attorney working on your behalf can seek a variety of relief from removal. Your deportation defense case must take into account the severe immigration consequences of an accused’s criminal history. As such, a person in deportation proceedings with a criminal history, is better suited to have an attorney who has experience in criminal and immigration law. Doing so allows your defense strategy take into account all aspect of your personal history.

A common defense includes waivers and perhaps the relief of cancellations of removal.

If such relief is sought, and is granted in the course of deportation proceedings, a waiver has the effect of cancelling a deportation and allowing you to remain in the U.S. legally. There are a number of factors that must be met for a waiver to be granted. This includes showing that the person qualifies for the relief. There must also be a showing of hardship to certain qualifying relatives.

A cancellation of removal is only available as a defense if you are charged with certain grounds for removal. If granted, cancellation effectively pardons you from deportation and restores your status as a permanent resident. If you are not a permanent resident, it may even lead to getting your green card in Immigration Court.

Before granting such a cancellation, an immigration judge will weigh positives, such as community service, family relations in the United States, years of residency, and good conduct, versus negatives, such as criminal records and immigration violations. If the good considerably outweighs the bad, your deportation will be cancelled.