Deportation Defense Attorneys In Tampa

Immigrants, undocumented persons, and noncitizens in the United States often face the unsettling threat of deportation. Removal proceedings can begin for a wide range of reasons, and it can sometimes feel like a minor infraction has escalated into a life-altering event. If you find yourself in this situation, it’s natural to feel overwhelmed or unsure of your options.

If you or a loved one are facing deportation, it is crucial to have an experienced deportation defense lawyer by your side. At Dubrule & Nowel, PLLC, our team has significant experience in providing immigration deportation defense in Tampa and throughout the United States. The details of each removal case are unique, so we invite you to contact us to explore your legal options with the guidance of a skilled removal defense law firm in Tampa.

For a confidential legal consultation with a deportation defense attorney in Tampa, Florida, reach out to Dubrule & Nowel, PLLC, today. Call us at 813-736-0043 to discuss your situation and explore the best options for keeping you in the U.S. with your loved ones.

Understanding The Deportation Process

One of the most common questions we hear is: “How does deportation actually work?” We’ve had considerable time working for our clients and we can explain to you the step by step process ahead:

• Notice to Appear (NTA): The notice to appear is the first part of this process, and it is issued by the Department of Homeland Security (DHS). This legal document explains the government’s accusations and why it believes you should be removed from the U.S.
• Master calendar hearings: This is a hearing where you confirm your identity, hear the charges, and enter a plea. If you decide to fight your case, the court will schedule an Individual Hearing.
• Individual hearings: This is the major hearing where you and your attorney can present evidence, witnesses, and legal arguments. It is during this portion that questions of cancellation of removal and Asylum and any other factor in your case are heard.
• Decision and potential appeals: Once the arguments have been heard, the court will take time to review the evidence and make a decision. However, that decision may not be final, as there are many opportunities to appeal your deportation or removal.

Knowing what to expect in these hearings can ease uncertainty and help you feel prepared.

Key Defense Strategies And Forms Of Relief

In deportation and removal, your defense and relief options are a vital aspect of your strategy. There are many regularly used options:

• Bonds: Immigration bonds, like bail bonds in criminal law, are legal notes you can purchase to make a guarantee that an individual will follow through with an action, such as coming to all future hearings or self-deporting. This allows a person to leave the detention area.
• Crimmigration: These are the criminal and immigration law efforts necessary to assist noncitizens facing deportation due to criminal charges or convictions.
• Asylum, Withholding of removal, and CAT protection: Asylum is available to people who fear persecution or torture in their home country. Often a person must demonstrate evidence that their anxieties and fears are legitimate.
• Cancellation of removal: A form of relief for eligible noncitizens to remain in the U.S. and obtain a green card. Cancellation of removal efforts often relies on providing information regarding the potential hardship as a consequence of deportation.
• Waivers of inadmissibility: Immigration waivers provide you with the ability to overcome certain bars to admissibility for those facing deportation. Receiving a waiver is at the discretion of the court.
• Appeals, motions to reopen/reconsider: If an immigration judge’s decision is unfavorable, you can seek a motion to reopen or reconsider your case, depending on whether there is new information or not, you would choose a different method.
• Other defenses (e.g., adjustment of status in court, VAWA, deferred action): There are numerous other defenses that can be used in your case, and they can depend on your record and status. If these are appropriate for you, we will pursue it.

Every case is different. That’s why we evaluate your history, family ties, and immigration background to determine which option offers the best path forward.

Frequently Asked Questions About Deportations And Removal Defense

Deportation and removal defense is a challenging area of the law, and it can feel like the odds are against you. We are here to provide you with answers and clarity when you most need them.

What to do if you are detained by ICE?

If a loved one has been detained due to an immigration or criminal issue, they may be transferred into ICE custody or placed under an “immigration hold” after their criminal release. This is understandably a frightening situation. It’s important to immediately seek legal help from both a criminal attorney and a deportation defense lawyer in Tampa, as each case can impact the other.

Fortunately, many individuals in ICE custody are eligible for release. This process typically involves a bond hearing in immigration court. During the bond hearing, the Immigration Judge will evaluate various factors such as criminal history, potential flight risk, and immigration status.

Depending on the case’s specifics, the Judge may decide to release the individual without a bond, release them on bond (requiring a payment), or keep them in detention.

Bond hearings require swift action and collaboration between the detained individual, their support network, and their attorney. Don’t hesitate to contact Dubrule & Nowel, PLLC, if you need assistance with a bond case. We are here to provide the experienced legal representation you need in these critical moments.

Do I qualify for cancellation of removal?

Cancellation of removal, sometimes known as “the 10 year law,” can be an option for nonpermanent residents or for permanent residents facing removal proceedings.

If you are a permanent resident and find yourself in removal proceedings, you may qualify for this relief if:

• You have been a lawful permanent resident for at least five years;
• You have resided in the United States continuously for at least seven years after having been admitted in any status; and
• You have not been convicted of any aggravated felony

Although the requirements seem clear, this is a discretionary relief, meaning that the judge can decide to deny the case even if you fulfill the requirements above. Therefore, it is extremely important that you contact Dubrule & Nowel, PLLC, as soon as you know that you are in removal proceedings so that we can work together to present your case in the strongest way.

If you are not a permanent resident and are in removal proceedings, you may qualify for cancellation of removal for certain nonpermanent residents. Although this defense in Immigration Court is sometimes called the “10 year law,” there is a lot more to it than residing in the U.S. for at least 10 years.

You may qualify for this relief if:

• You have been physically present in the United States for at least 10 years;
• You have had good moral character for 10 years;
• You have not been convicted of specific crimes; and
• Your removal from the United States would cause exceptional and extremely unusual hardship to your legal permanent resident or U.S. citizen spouse, child or parent

Again, this type of relief requires an evaluation of a number of legal factors and can be extremely complex. However, for qualifying cases, this is a great option, as it will grant you permanent residency in the United States.

Do I still have options after a denial?

You may still appeal to the Board of Immigration Appeals (BIA), but deadlines are strict:

• 30 days if you believe the judge misapplied the law.
• 90 days if new material evidence becomes available.

You may also file a motion to reopen or reconsider to give your case a second chance. Acting quickly is critical here, which is why contacting an attorney right after a denial can make all the difference.

What are motions to reopen and reconsider?

If a Judge denies your case, it can feel like there are no other options. However, in addition to appealing the Judge’s decision, you may also be eligible for a motion to reopen or reconsider.

These are options when there are new circumstances or you have new evidence that was not previously available. If your case is reopened or reconsidered, it gives you a new chance to present your case to a judge in Immigration Court and before the Board of Immigration Appeals.

What should I know about bond hearings?

In most cases, you have the right to request a bond hearing.  Immigration judges look at:

• Family and community ties.
• Work history and stability.
• Criminal or immigration violations.
• Attendance at previous court hearings.

Bond amounts usually range between $1,500 and $25,000. If bond is granted and posted, the person can return home while their case is pending. Missing a court date, however, could mean losing the bond money.

Addressing Critical Concerns In Immigration Court Proceedings

Removal defense is a complex area of immigration law and your options in court depend heavily on the circumstances of your particular case. Some other common issues in immigration court include:

• Adjustment of status before the Judge (instead of USCIS);
• Overcoming a new criminal charge or finding of fraud that may cause you to lose your green card;
• USCIS claiming that they issued your permanent residency in error (rescission proceedings);
• Removing the conditions on your two-year residency; and
• Presenting your case for asylum and withholding of removal.

Speak With A Reliable Deportation Defense Attorney In Tampa Today

At Dubrule & Nowel, PLLC, we provide comprehensive removal defense services, carefully reviewing every aspect of your case to explore all possible avenues for relief. Our top priority is helping you stay in the U.S. with your loved ones, ensuring your safety and peace of mind. Call us today at 813-736-0043 or send an email to schedule a consultation and take the first step toward securing your future.