REMOVAL DEFENSE AND IMMIGRATION LITIGATION

REMOVAL DEFENSE

Facing removal or deportation proceedings can be very difficult for the individual and the family. DMCA’s team of experienced lawyers is available to assist you. Our attorneys understand the importance of keeping families together. When you or a family member is arrested, DMCA can help. Our attorneys regularly work to get immigration bonds and contest immigration holds and detainers.

Once in removal or deportation proceedings, each client’s case is thoroughly examined to determine the best course of action. Often, our clients can avoid deportation because they are eligible for adjustment of status, asylum, cancellation of removal, deferred action, temporary protected status, waivers of inadmissibility and deportability, and other forms of immigration benefits. Our attorneys are often successful in getting our clients work authorization while their deportation case is pending. If you or a family member has a deportation order, DMCA can use our extensive experience in complex immigration matters to determine any possibility of reopening immigration proceedings. If the deportation order was entered in absentia because you missed a hearing, extraordinary ircumstances or failure to receive notice of the hearing may serve as a reason to seek reopening. A DMCA attorney will thoroughly investigate your immigration history to determine your options and a recommended legal strategy.

For lawful permanent residents, we will guide you through the process with the shared goal of avoiding deportation. Like you, many of our clients have established residence in the United States and have family that depends on them. To help keep families together, our experienced attorneys will ensure that no part of a case goes unnoticed. Even in the situations of overstayed visas or entries without a visa, the attorneys explore all possible avenues that a client may have to remain in the U.S. with family and loved ones.

Our attorneys regularly handle challenging cases involving arrests and criminal convictions. When the government contends that you have been convicted of an aggravated felony, a crime of domestic violence, a crime involving moral turpitude, a drug trafficking offense or other offense relating to a controlled substance, you need an attorney who knows how to fight these charges. DMCA has a solid record of success in these types of cases

DMCA’s team of attorneys has decades of experience in successfully handling thousands of deportation before the immigration courts. We stand ready to help you and your family.

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FEDERAL IMMIGRATION LITIGATION

In order to comprehensively represent our clients, we regularly bring cases in federal district courts seeking money damages for tortious conduct or declaratory or injunctive relief.

Habeas

Immigration statutes purport to empower the government to hold persons in "detention" under a wide variety of circumstances in connection with immigration matters but the courts have made clear that this power has constitutional limits which must be exceeded. The writ of habeas corpus, which is perhaps the most fundamental instrument for safeguarding individual freedom against arbitrary and lawless government action, is most commonly used by DMCA to challenge the length or conditions of a person's detention as beyond constitutional limits. However, DMCA has also used the writ on behalf of persons who are not physically in the government's custody as a means of challenging other governmental restrictions on liberty, such as erroneous denials of employment authorization.

Bivens/FTCA

Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) and the Federal Tort Claims Act (FTCA) are two powerful tools that DMCA uses to seek redress for tortious conducted committed by government agents. Bivens is a Supreme Court case that found an implied cause of action existed - despite the general rule of sovereign immunity - for an individual whose Fourth Amendment freedom from unreasonable search and seizures had been violated by federal agents. The FTCA somewhat similarly is a statutory waiver of sovereign immunity permitting a person to sue the federal government for conduct that violates the law of the place where the conduct occurred. DMCA has made extensive and successful use of Bivens and the FTCA recently on behalf of persons illegally seized by the Border Patrol in what amounted to acts of racial profiling. These can be powerful tools to achieve good results - whether money damages or the negotiated termination of deportation proceedings - for our clients.

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