Deportation Defense Lawyer

Deportation Defense Lawyer

August 25, 2023

A deportation defense lawyer can help you build a strong case to stay in the United States and secure Lawful Permanent Residence status. A successful strategy will typically include fighting criminal charges and arguing for relief from deportation in Immigration Court.

All Immigration Court cases begin with a Master Calendar Hearing, where the Judge and DHS attorneys will review the logistics of your case. Our team can also work to determine if your loved one is eligible for bond.

Representation in Immigration Court

Defending non-citizens from removal (deportation) can be one of the most difficult and frightening experiences that an immigrant and his or her family must endure. In these types of cases, it is important to have an experienced attorney who has experience in defending individuals from deportation by arguing all forms of relief from removal in Immigration Court.

In removal proceedings, non-citizens are up against the full force of the federal government and have no opportunity to invoke the Sixth Amendment protections that criminal defendants are entitled to. Furthermore, unlike in the criminal courts, non-citizens must bear the cost of their own counsel in these cases.

All removal cases start with a Master Calendar Hearing where the Judge and the government attorneys discuss the logistics of your case. At this hearing, our immigration lawyers will begin to build a strong legal argument that can help you stay in the United States by arguing all available forms of relief.


Asylum is a form of protection granted to individuals who have fled their home countries and are at risk of persecution if they return. A person seeking asylum must establish that they have a well-founded fear of torture or persecution. Our New York Asylum Defense Lawyer can assist in filing a petition for asylum.

A person can seek asylum by presenting themselves at the border and informing a Customs and Border Protection officer that they have a credible fear of returning to their country of origin. The officer will conduct a “credible fear interview.”

If the person is found to have a credible fear, the case will be referred to Immigration Court. Having legal representation in Immigration Court is crucial as studies show that an individual’s chances of being granted asylum increase fivefold when they have legal counsel. Your New York Asylum Attorney can help you gather the evidence necessary to support your claim, file any needed motions and attend your hearing before an Immigration Judge.

Cancellation of Removal

Cancellation of Removal is a discretionary form of relief available to permanent residents and non-permanent residents in deportation proceedings. To qualify for this type of relief, the individual must show that their removal would cause exceptional and unusual hardship to qualifying family members who are US citizens or lawful permanent residents. The immigration judge must look at various factors including length of residence in the United States, community involvement and financial responsibility.

Deportation Defense Attorney - Law Offices Of Leonelba Martinez

The most difficult requirement to meet is the hardship requirement. Immigration judges must show that the individual’s deportation would result in hardship that goes “beyond that which ordinarily results from deportation.” The burden is heightened when the underlying criminal conviction is an aggravated felony, which includes crimes like robbery, money laundering and drug trafficking offenses.

An experienced lawyer can help you file the proper forms and gather compelling evidence to support your case. Providing proof of good moral character such as volunteer work and community service may be helpful.

Waiver of Inadmissibility

Our firm handles immigration waivers that allow individuals who are otherwise inadmissible to the United States to petition for permanent residency. This includes individuals who are subject to the 3 or 10 year bars for unlawful presence, individuals who have accumulated criminal records that render them inadmissible, and those who have committed crimes of moral turpitude such as fraud, sabotage, international kidnapping, conspiracy to commit espionage or other offenses against national security.

Typically, these immigration waivers are based on extreme hardship to a citizen or lawful permanent resident relative. We will evaluate your situation carefully to determine whether you are eligible for a waiver and can help gather supporting documentation to strengthen your case. Our firm also handles asylum and withholding of removal, which protect individuals who fear persecution if returned to their home countries. These claims are based on past or present harm, as well as factors such as family connections to the U.S, community service and achievements.