Detention and Deportation Defense

Houston Detention and Deportation Lawyer

There are several reasons why a person can be deported if they are not in the U.S. legally. Conviction of a drug offense, sex crime, fraud, burglary, robbery, or homicide can all involve deportation. Also, any offense that involves moral turpitude, including misdemeanor offenses, can result in deportation. A qualified deportation attorney can inform a person if he or she is likely to face detention or removal, as well as any possible defenses.

Cancellation of Removal

One of the most common ways that a person can avoid deportation is to get an order to cancel removal proceedings against him or her. There are some differences between a permanent resident or illegal alien getting cancellation of removal.

Cancellation of Removal for a Permanent Resident

A person who has a green card may be able to have his removal order cancelled if he can show that he has:

  • Been a legal permanent resident for at least five years
  • Continuously resided in the U.S. for seven years after admission into the country
  • Abstained from committing any serious crimes during his residence
  • Not posed a security concern to the U.S. or its people

Simply meeting these requirements does not guarantee that a permanent resident’s removal order will be cancelled. The immigration judge may look at other factors as well before making a decision. Some of these factors include:

  • Does the permanent resident have relatives in the United States?
  • How long has the person lived here?
  • Would the person’s deportation bring about extreme hardship to him or his family?
  • Has he served in the U.S. Armed Forces? If so, for how long?
  • Does the permanent resident have a job in the U.S.?
  • Does he pay taxes?
  • Is there evidence of his good moral character (or proof of rehabilitation if he has a criminal record)?
  • Has he committed any serious crimes while living in the U.S.?
  • Did he previously attempt to enter the country illegally?

Cancellation of Removal for Other Immigrants

The immigration judge may cancel removal proceedings if a non-permanent resident can demonstrate that he has:

  • Been in the United States continuously for at least 10 years before the removal proceedings commenced
  • Abided by the laws of the U.S. for at least 10 years
  • Not posed a security concern to the U.S. or its people by committing specific criminal activity
  • A family in this country and that deporting him would cause exceptional and extremely undue hardship for them

Other Options

Other defenses may be available to the immigrant under special circumstances. He may be able to apply for a waiver under certain immigration laws. He may also be able to get voluntary departure or apply for an adjustment of status. In addition, he can possibly avoid removal proceedings by asking for asylum.

Get In Touch With a Houston Deportation Attorney

For help with your immigration case, talk to Madrid Law and its deportation lawyers at 713-877-9400.