Deportation Defense

The Law Office of Mark A. Douglas, P.A. offers very effective representation for our Immigrant clients who are facing deportation. Our strong litigation experience, allows us to effectively represent clients in Court.

Under current immigration laws, you are not afforded a Public defender or any other attorney to represent you in Court. The immigration laws of the United States are some of the most rigid and complex and most lay persons are not able to navigate their way through this maze. The process is fast moving and you must move in a timely manner to seek relief from deportation.

Among the various forms of relief available and for which we have been able to get relief for our clients are; cancellation of removal, asylum, withholding of
removal, adjustment of status, and voluntary departure. Depending on the situation, there may be other forms of relief.

Call us and we will review each case to see how we can help!

Deportation Defense under 1996 Immigration Laws

Much of the body of Immigration Laws related to deportation have been in place since the passage of the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), both in 1996, deportations of foreigners have increased exponentially. Each year under these tougher immigration laws, hundreds of thousands of individuals are removed, often separated from families, jobs and a social life they had developed over many years

Who gets placed in deportation (now called removal) proceedings?

Surely only hardened criminals and dangerous felons will have to worry about being deported, right? Wrong. Because of the harsh provisions of the 1996 laws, even relatively small misdemeanors can lead to one’s removal from the United States, no matter how long he or she has been a lawful permanent resident. Depending on the wording of particular statues violated, shoplifting (petty theft), drunk driving, “joyriding,” etc. can all be a basis for a removal proceedings. It often does it matter how long ago the act took place; you could have shoplifted 20 years ago as a youthful prank.


The law also allows for the deportation of aggravated felons. The problem is that the term “aggravated felony” is defined differently and much more broadly under immigration law than under criminal laws. Worse, what may not have been an aggravated felony or even a deportable act under immigration laws at the time of the conviction may be so now. If the INS succeeds in proving that an alien is an “aggravated felon” under immigration laws, he or she is left with extremely limited options to avoid deportation.

I have no criminal record, so will I still have to worry about being deported?

Any violation of your status in the US can potentially result in you being placed in removal proceedings. These violations generally include staying beyond the period authorized, failing to abide by the conditions of your status, or entering without proper documents.

But I am married to (or am a parent of) a US citizen.

Being married to a US citizen, or having US born children, does not automatically guarantee that INS will not try to remove you from the US. There is even a presumption that the marriage is a sham, entered into for purposes of  obtaining the “green card,” if it takes place after the removal proceedings have started. You and your spouse will need to overcome this presumption with evidence of the validity of your marriage and that you have formed a relationship that was not based on an intent to gain immigration benefits

How do I avoid being deportable?

An immigration practitioner can advise you of the consequences of your intended action (divorce, change of employers, concurrent employment, etc.), or how to achieve your goal without negatively affecting your immigration status. An ounce of prevention is definitely worth a pound of cure in this case.

What should I do if the INS wants to deport me?

Get help. The stakes involved in a removal hearing are very high, involving the risk of separation from your family and your community, of loss of your job, and of loss of your way of life. While you have every right to represent yourself before the INS, you will benefit greatly from the guidance of an immigration professional experienced in deportation defense. It is important that you find an experienced attorney to handle your case as the laws are complex and once you have been ordered removed; you have very few opportunities to change your outcome.

Call Attorney Mark A. Douglas, who is very experienced in the area and who has practiced consistently in the area of Deportation defense for over a decade. He has successfully sought and helped clients to gain every type of immigration
relief available to immigrants in removal.

Disclaimer:

 The recipient of this form in no way obligates Mark A. Douglas P.A., Attorneys at Law, its associates or its affiliates to provide legal representation to the above-listed individual. The information being received is for informational purposes only and legal representation is not guaranteed nor is any attorney client relationship created until a written contract is signed between Mark A. Douglas, P.A. and the potential client. Additionally, Mark A. Douglas, P.A. reserves the right to refuse legal representation to the above-listed individual at its sole discretion.