Deportation Defense

As the U.S. Supreme Court recognized in its landmark decision, Padilla v. Kentucky, changes to U.S. immigration law “have dramatically raised the stakes of a noncitizen’s criminal conviction.” The provision of “accurate legal advice for noncitizens accused of crimes has never been more important.”

If you are a foreign national charged with a crime, how you dispose of your criminal case can have massive implications for your ability to remain in this country. Creativity and deep knowledge of both immigration and criminal law, including how prosecutors think and how the immigration enforcement system operates, is essential. Our advice to noncitizens charged with crimes has resulted in our clients avoiding removability altogether, or, where that outcome was not possible, preserving our clients’ options in immigration court.

If you are a noncitizen charged with a crime, do not delay in seeking immigration-related advice.  The right time to get immigration help is before–not after–deals with prosecutors or decisions to go to trial are made.

In removal proceedings, immigration judges are generally focused on answering two basic questions: (1) is this person deportable or “removable” from the United States? And (2) Is there some form of relief from deportation available to the person that enables them to remain here even if they’re deportable.

Many immigration lawyers focus exclusively on the second question, and in doing so, may miss opportunities to get the case terminated. We don’t. We understand that what the Department of Homeland Security is seeking to do in deportation proceedings is drastic and that it must scrupulously follow the law if it’s going to exile a person from their life and family. We hold them to that standard.

Where there is no viable challenge to removability, we work with our client to identify the relief available, if any, and determine the best strategy to win the case. We understand that immigration cases are often won on paper – that the evidence you file in support of your application for relief from removal is vital. We work diligently with our clients in the months leading up to trial to make sure that everything we want the judge to know about our client is documented and proven. We spend time educating our clients about the facts and the law, what will happen in court, and how to truthfully tell their story in the most favorable light. When our clients walk into court, they do so feeling prepared, knowing what to expect, and with the comfort that the record before the judge is as strong and persuasive as possible.

The decisions of immigration judges can be appealed by either party – the Department of Homeland Security or the noncitizen – to the Board of Immigration Appeals. And adverse decisions of the Board of Immigration Appeals resulting in final orders of removal can be appealed by the noncitizen to the appropriate U.S. court of appeals.

Successful appeals require knowledge of the law and procedure, clear and persuasive writing, and meticulous attention to the record of proceedings. That is what we at Grossman Young & Hammond bring to the table. And that’s why our firm has a successful track record representing clients before the Board of Immigration Appeals and U.S. courts of appeals, either defending favorable immigration judge decisions our clients won in the tribunal below or overturning adverse decisions against our clients.

If you have received an adverse decision from an immigration judge or the Board of Immigration Appeals that you wish to appeal, do not delay in seeking legal advice about your options.

If you or a loved one is detained by ICE pending removal proceedings, the attorneys at Grossman Young & Hammond can help. You need a lawyer with the judgment, creativity, and experience to determine the best strategy to open that cell door. The right strategy will depend on the facts and circumstances of the case. Sometimes, the best course of action will be advocacy with local or headquarters-based ICE officials; other times, a well-prepared bond motion before the appropriate immigration court is the way to go. In some cases, it might be wise to put pressure on ICE by drawing media attention to your unjust imprisonment, or to file a petition for a writ of habeas corpus in federal district court. Other cases call for different approaches. Whatever the facts of your case may be, our attorneys will work with you to design and implement a strategy that maximizes your chances of success.