Deportation Defense Lawyers in Newark 

Defending Against Deportation in New Jersey

The fear of deportation or removal from the country is a daunting prospect for any immigrant. At Murray Osorio PLLC, we have a dedicated focus on defending immigrants facing these challenging circumstances.

Contact our deportation attorneys in Newark today at (862) 465-9035 to schedule a prompt appointment.

What is the Deportation Process?

The deportation process, formally known as removal proceedings, involves several stages that require careful navigation.

• Notice to Appear: Removal Proceedings in Immigration Court begin with the issuance of a charging document called a Notice to Appear (NTA). Typically, the NTA outlines the allegations or grounds for the charge of deportability/removability. It could be based on "unlawful presence" or a specific act, such as a criminal conviction, that forms the basis for removal. Every case is unique, and it is crucial to consult with an experienced immigration attorney who can carefully evaluate your case and explore your options.
• Master Calendar Hearing: The Master Calendar Hearing is the initial hearing in Immigration Court, where scheduling, deadlines, and other procedural matters are discussed. The Immigration Judge ensures that the respondent understands the nature of the proceedings and the allegations. If the respondent has not secured legal representation at this stage, the Immigration Judge may grant continuance to allow time for finding an attorney. During the Master Calendar Hearing, the respondent typically responds to the allegations and may consider various forms of relief.

Similar to a trial, the Individual Merits Hearing is where the Immigration Judge examines the merits of the immigrant's case, including substantive legal issues and applications for relief from removal. Both parties may present legal arguments, motions, and rulings on legal issues. The immigration attorney has an opportunity to present testimony from the respondent and other witnesses. Ultimately, the Immigration Judge issues the final decision in most cases during the Individual Merits Hearing.

Common Reasons For Deportation

Common reasons individuals may face deportation include:

• Violation of Immigration Laws: This can include entering the United States illegally or overstaying a visa.
• Criminal Convictions: Certain criminal convictions, especially those involving moral turpitude or aggravated felonies, could result in deportation proceedings.
• Visa Overstays: Failure to maintain lawful status due to overstaying a visa can result in deportation.
• Immigration Fraud: Providing false information or fraudulent documents to immigration authorities can lead to serious consequences, including deportation.
• Public Charge: Dependence on public assistance without proper authorization can be grounds for deportation.

Defenses Against Deportation

Some common defenses against deportation include:

• Adjustment of Status: If eligible, individuals could be able to modify their status to that of a lawful permanent resident (green card holder) based on family relationships, employment, asylum, or other humanitarian grounds.
• Waivers: Certain waivers may be available to forgive or overlook certain grounds of inadmissibility or deportability, particularly for individuals with qualifying family relationships or extreme hardship circumstances.
• Cancellation of Removal: This relief is available to certain non-permanent residents who have been physically present in the United States for a specified period and can demonstrate continuous presence, good moral character, and that their removal would lead to exceptional and extremely unusual hardship to qualifying family members.
• Asylum or Withholding of Removal: Individuals fearing persecution or torture in their home country may be eligible for asylum or withholding of removal protections.
• Prosecutorial Discretion: In some cases, immigration authorities may choose to exercise discretion in favor of an individual, considering factors such as family ties, community involvement, and length of residence in the United States.