Deportation Defense
A Knowledgeable Deportation Lawyer
A Notice to Appear in immigration court is one of the most alarming documents a non-citizen can receive. It means the U.S. government believes you should be removed from the United States, and that it intends to make that case before an immigration judge.
But a Notice to Appear is not a removal order. It is the beginning of a legal proceeding, and legal proceedings can be contested, defended, and won. The outcome of your case depends enormously on whether you have legal representation and how quickly you act.
At The Pablos Law Firm, P.C., we provide experienced, aggressive deportation defense for individuals and families facing removal proceedings in El Paso and throughout the region. Our deportation lawyers fight to keep you in the United States, with counsel in both English and Spanish. Call right away to get started: (915) 543-9100.
What Are Removal Proceedings?
Removal proceedings (commonly called deportation proceedings) are the formal legal process through which the U.S. government seeks to remove a non-citizen from the United States. They take place before an immigration judge in the Executive Office for Immigration Review (EOIR), which is part of the Department of Justice.
Removal proceedings are adversarial. The government is represented by an attorney from the Department of Homeland Security who will argue that you should be removed. You have the right to be represented by an attorney of your choosing, but unlike in criminal court, the government is not required to provide one for you. If you appear without an attorney, you are facing a trained government lawyer alone.
The consequences of a removal order are severe and long-lasting. Depending on the circumstances, a removed individual may be barred from returning to the United States for ten years or permanently. When the stakes are this high, you need a professional deportation lawyer in your corner.
The Removal Proceedings Process
Removal proceedings move through several stages, and strategy at each stage matters. Here is what you can expect.
Master Calendar Hearing
The first hearing in removal proceedings is the master calendar hearing. This is a brief, administrative proceeding at which the respondent appears before the immigration judge, the charges in the NTA are addressed, and future hearing dates are set. At this stage, the respondent enters pleadings, admitting or denying the allegations and legal charges in the NTA.
How you plead at the master calendar hearing has significant consequences for the rest of your case. We attend every master calendar hearing with our clients and advise them on how to respond to each allegation.
Individual Hearing
The individual hearing (also called the merits hearing) is the full evidentiary hearing at which both sides present their case. The respondent and witnesses may testify, documents are submitted into evidence, and the immigration judge hears legal arguments before issuing a decision.
This is the hearing that determines whether you are ordered removed or granted relief. Preparation is everything. We build our cases thoroughly, prepare clients and witnesses for testimony, and present the strongest possible legal and factual argument for relief.
Decision
The immigration judge issues a decision either granting relief, allowing the respondent to remain in the United States, or ordering removal. If the judge orders removal, that order can be appealed. However, if relief is granted, the government can also appeal.
Why Choose The Pablos Law Firm, P.C.
We are a team of trial-ready removal defense lawyers. Our firm prepares every case for the merits hearing from day one, building the factual record, preparing witnesses, developing legal arguments, and anticipating the government’s position. We do not approach your deportation defense passively.
As members of the El Paso community, we also have deep knowledge of the area’s immigration court system. We practice regularly before the El Paso Immigration Court and are familiar with the judges, the local procedures, and the standards applied in this jurisdiction. That local knowledge informs our strategy at every stage. Turn to The Pablos Law Firm, P.C. for:
- Over 20 years of experience
- Locally owned & operated business
- Clear and continuous communication in both English and Spanish
-
Professionals recognized by several legal associations
○ American Immigration Lawyers’ Association (AILA)
○ American Bar Association (ABA)
○ Texas Bar Association
○ El Paso Bar Association (EPBA)
Frequently Asked Questions
I received a Notice to Appear. What should I do first?
Contact us immediately. Do not ignore the NTA or miss your hearing date, because failing to appear will result in an automatic removal order entered against you in your absence. Bring the NTA to your consultation with The Pablos Law Firm, P.C. so we can review the charges and advise you on next steps.
Can I be deported if I have a U.S. citizen spouse or children?
Having U.S. citizen family members does not automatically prevent deportation, but it is highly relevant to several forms of relief, including cancellation of removal and adjustment of status. The strength of your family ties is one of the most important factors in a removal defense case. Let us evaluate how your family situation affects your available options.
I have lived in the United States for over twenty years. Does that matter?
Length of residence is a significant factor in several forms of relief, including cancellation of removal and discretionary determinations. It does not, by itself, prevent removal. However, it is part of the equities we present to the immigration judge on your behalf.
What happens if I miss my immigration court hearing?
If you fail to appear for a scheduled immigration court hearing, the judge will almost certainly enter an order of removal in your absence. This means you are ordered deported without a hearing. An in absentia order is very difficult to reopen, though it is possible in limited circumstances. Contact us immediately if you have missed a hearing.
Can I appeal if the immigration judge orders my removal?
Yes. Decisions of immigration judges can be appealed to the Board of Immigration Appeals within 30 days of the decision. BIA decisions can be further appealed to the U.S. Court of Appeals for the Fifth Circuit. We evaluate every removal order for viable appellate arguments.
What is the difference between deportation and removal?
The terms are used interchangeably today. Prior to 1997, U.S. immigration law distinguished between deportation proceedings and exclusion proceedings. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 merged these into a single removal proceeding. When people say deportation, they mean removal.
How long do removal proceedings take?
It varies significantly depending on the immigration court’s docket, the complexity of the case, and whether appeals are filed. In El Paso, cases can take anywhere from several months to several years to reach a final decision. We advise clients on realistic timelines based on current docket conditions.
Schedule Your Initial Consultation
Fight for Your Right to Stay in the U.S.
If you or someone you love is facing removal proceedings, do not face the immigration court alone. The government has an attorney, and you should too. Contact The Pablos Law Firm, P.C. online or call our office at (915) 543-9100 for prompt assistance.