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Immigration Lawyers With Decades Of Combined Experience

Removal Defense

Texas Removal Defense Attorney

Facing the possibility of deportation creates significant stress for immigrants and their families. Known legally as removal proceedings, this process involves the U.S. government seeking to remove a non-citizen from the country. The impact of such proceedings reaches beyond the individual, often separating families and disrupting lives built over many years. When confronting this challenge, it is essential to understand that you have rights and legal options available to you.

De Mott, Curtright & Armendáriz, LLP provides comprehensive legal support to individuals navigating the immigration court system. Our team of experienced attorneys understands the high stakes involved in these cases and works tirelessly to protect your ability to remain in the United States.

Common Grounds for Removal

The government initiates removal proceedings for various reasons. Understanding why proceedings have started is the first step in building a defense. While every case involves unique circumstances, the most frequent grounds for removal include:

  • Entering the country unlawfully: This applies to individuals who crossed the border without inspection or valid documentation.
  • Violating terms of admission: This often occurs when a visitor overstays a visa or works without authorization.
  • Criminal convictions: Certain criminal offenses, ranging from aggravated felonies to crimes involving moral turpitude, can trigger deportation efforts.
  • Other specific reasons: Proceedings may also stem from membership in prohibited organizations, denial of an asylum application, or becoming a public charge within 5 years of entry.

Strategic Defenses Against Deportation

Even if the government has valid grounds to initiate proceedings, you may still have legal avenues to remain in the United States. An experienced attorney can evaluate your specific situation to determine which form of relief offers the best chance of success. Common defense strategies include:

  • Cancellation of removal: This form of relief allows certain permanent and non-permanent residents to retain their status if they meet specific residency and character requirements.
  • Adjustment of status: Some may be eligible to change their immigration status to that of a lawful permanent resident, often through a petition by a family member or employer.
  • Asylum-based relief: If you fear persecution in your home country based on race, religion, nationality, membership in a particular social group or political opinion, you may qualify for asylum.
  • Voluntary departure: While not a way to stay permanently, this option allows you to leave the U.S. on your own terms without the long-term consequences of a formal deportation order.
  • Waivers: Certain inadmissibility grounds, including some criminal convictions, may be waived if you can demonstrate extreme hardship to a qualifying U.S. citizen relative.
  • U-Visas: Victims of certain crimes who have assisted law enforcement may be eligible for this special visa.
  • Prosecutorial discretion: In some cases, attorneys can request that government lawyers close or dismiss a case because it is not an enforcement priority.

The Importance of Acting Quickly

Time is a critical factor in removal defense cases. The immigration court system operates on strict deadlines, and missing a filing date or court appearance can have severe consequences. Delays can result in losing the right to appeal a decision, forfeiting the ability to post bond or being ordered removed in your absence. Immediate legal intervention allows your legal team to preserve evidence, file necessary motions, and prepare the strongest possible defense before critical deadlines pass.

How a Lawyer Can Help

Navigating immigration court without professional representation presents significant risks. The laws governing removal are complex and subject to frequent changes. DMCA attorneys provide essential support by:

  • Assessing your case: We conduct a thorough review of your immigration history and criminal record to identify all potential forms of relief.
  • Gathering evidence: A successful defense requires substantial documentation. We help collect medical records, letters of support, and country condition reports to substantiate your claims.
  • Building a defense strategy: We develop a tailored legal argument based on the specific facts of your life and current legal precedents.
  • Representing you in court: Having a skilled advocate speak on your behalf before an Immigration Judge ensures your side of the story is heard clearly and effectively.

Protect Your Rights with DMCA

Facing removal proceedings is a serious matter that requires immediate and competent legal attention. The outcome of these proceedings will define your future and the future of your family. Do not attempt to face the government’s attorneys alone. The team at DMCA possesses the knowledge and dedication required to handle complex deportation cases. We are committed to providing high-quality representation throughout the legal process. Contact us today to schedule a consultation and begin building your defense.

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FREQUENTLY ASKED QUESTIONS

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What Is Federal Immigration Litigation?

  • Federal immigration litigation involves legal proceedings initiated in federal district courts to address grievances related to immigration enforcement and administration. These cases often seek remedies for unlawful actions, such as challenging the length or conditions of detention or seeking damages for tortious conduct by government agents. It is distinct from administrative proceedings and provides a venue to hold government agencies accountable under federal law.

When Do I Need Federal Immigration Litigation Solutions?

  • Individuals may require litigation solutions when administrative remedies have been exhausted or are insufficient to address significant legal violations. Common scenarios include challenging prolonged or indefinite detention without a bond hearing or contesting erroneous denials of employment authorization. Additionally, litigation is often necessary to seek redress for constitutional violations committed by immigration enforcement officers.

What Types of Cases Does DMCA Handle in Federal Immigration Litigation?

  • DMCA manages a broad spectrum of federal cases, including those involving immigration bonds and contests against immigration holds. Our attorneys utilize powerful legal tools such as habeas corpus petitions, Bivens actions, and claims under the Federal Tort Claims Act (FTCA) to advocate for our clients. These mechanisms allow us to challenge unlawful detentions and seek compensation for misconduct by federal agents.

Can Litigation Help Me Avoid Deportation?

  • Federal litigation can be instrumental in halting removal proceedings or overturning decisions that lead to deportation. DMCA assists clients by exploring eligibility for various forms of relief, such as adjustment of status, asylum, cancellation of removal, and waivers of inadmissibility. By effectively presenting these cases in federal court, we aim to secure legal status for our clients and prevent family separation.

What Defenses Are Available for Immigrants Facing Criminal Charges?

  • Immigrants facing criminal charges require a defense strategy that considers both criminal penalties and potential immigration consequences. DMCA collaborates closely with criminal defense attorneys to design plans that aim to obtain dismissals or pleas that minimize the risk of deportation. This comprehensive approach includes post-conviction representation to seek reversals of prior convictions that negatively impact immigration status.

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Kiran

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Hello I want to thanks Angelica Zamora & Monica for making my Non- Immigration Visa Processing cum Immigration Journey very pleasant, without any errors or hassles. My family and I trust you completely and the immigration-related decisions which take for us were really fruitful. Thanks once again. Kiranveer Kaur

Bernice

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Where can I begin , when you first search for an attorney in hopes to fulfill a long life dream of becoming a permanent resident, it is crucial to make sure you do your research and consult with the correct firm. Monica Saenz is my husbands attorney and I am more than grateful to have…

Ryam

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Amy, Noemi, and the team at De Mott, Curtright & Armendáriz were excellent to work with. They were knowledgeable, responsive, and guided us through a complicated immigration process with professionalism and attention to detail. We always felt well-informed and supported, and their advice was instrumental in achieving a successful outcome. We are very grateful for…

Nikola

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I cannot thank DMCA enough for helping me through one of the most stressful periods of my life. After receiving a USCIS Notice of Intent to Deny (NOID) on my Adjustment of Status case, I consulted with multiple immigration attorneys. The overwhelming feedback I received was that my case faced significant challenges and that I…

Yuridia

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We are very happy with everything they did for us! Monica Saenz was always there to help us with everything no matter what it was! Very responsive and on top of things throughout all of our process. Husband had his interview this month and everything went smoothly and he was approved! It definitely does matter…

Ana

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Great team! Thank you Noemí and Kendra for always answering my questions. Always giving enough information to my concerns! Thank y’all! They are a great legal team.

Tom

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Everything you could hope for from an Immigration Attorney! Linda and Eleni were excellent on helping me through the process. Amy Thomas was incredible with her support. She took the time to explain and really went above and beyond to help me understand each stage of the process. Very responsive and helpful! Highly recommend!

Norma

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Quiero tomarme el tiempo para recomendar esta firma de abogados muy profesionales el abogado Justin Tullius hizo un excelente trabajo en mi caso a demás que siempre se mostró muy humano y con mucha empatía com migo y mi familia por qué tuve un caso difícil y también quiero mencionar a su asistente Enrique Contreras…

Lupita

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Yo Maria Antonia Licea Sanchez y Mi Familia, le damos gracias DMCA especialmente a Emma Farmer y mi abogada Monica Saenz por su gran trabajo y esfuerzo que hicieron mi proceso mas fácil y gracias a ellos hoy salgo de las sombras. Se los recomiendo al 100%, Siempre atentos cuando tenemos preguntas nos dan la…

Angie M.

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They have been great the entire process!! Just wanted to update my review and thank y’all again for everything!!! The process takes time, but it’s definitely worth it, and I appreciate the way you always took time to answer all my questions and guide us through the process!!

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