In a city as diverse and immigrant-rich as Los Angeles, deportation proceedings are not just legal matters—they are deeply personal battles that often determine whether families stay together or are torn apart. With nearly 1 in 3 Los Angeles residents being foreign-born, the stakes of immigration enforcement remain high. For anyone facing removal, understanding the legal grounds for deportation—and how deportation attorneys in Los Angeles strategically challenge them—is essential.
Understanding Deportation: The Legal Framework
Deportation, officially known as “removal,” is the process by which the U.S. government expels a non-citizen from the country. The Immigration and Nationality Act (INA) outlines various grounds for deportation, which fall under broad categories such as criminal conduct, immigration violations, and threats to public safety or national security.
According to the latest data from the Executive Office for Immigration Review (EOIR), California consistently ranks among the top states with the highest volume of removal proceedings. Within California, Los Angeles immigration courts are some of the busiest in the country, making local legal expertise vital.
Common Grounds for Deportation in Los Angeles
Here are the most frequently cited reasons immigrants in Los Angeles face deportation, along with how skilled legal representation can effectively counter each:
1. Visa Overstays and Unlawful Presence
What It Means:
Many immigrants arrive in the U.S. legally on a visa (tourist, student, work) but stay beyond the expiration date. Accumulating more than 180 days of unlawful presence can trigger bars on reentry and initiate removal proceedings.
Legal Strategy:
Deportation attorneys in Los Angeles may argue for relief through adjustment of status, cancellation of removal, or deferred action. In some cases, they may also leverage waivers or family-based petitions to establish eligibility for legal status.
2. Criminal Convictions (Crimes Involving Moral Turpitude)
What It Means:
A conviction for certain crimes—such as theft, assault, domestic violence, or fraud—can be grounds for deportation, even if committed long ago. Crimes classified as “crimes involving moral turpitude” (CIMTs) are especially problematic.
Legal Strategy:
Experienced deportation attorneys often challenge the classification of the crime under immigration law. They may pursue post-conviction relief, file motions to reopen, or seek waivers under INA §212(c) or cancellation of removal for lawful permanent residents (LPRs).
3. Drug-Related Offenses
What It Means:
Drug convictions—particularly those involving controlled substances—almost automatically trigger removal proceedings. Even minor marijuana offenses can be problematic if not properly addressed.
Legal Strategy:
Attorneys can explore if the offense qualifies for the “personal use” exception, or if the plea deal was constitutionally flawed. Legal teams may also pursue asylum, protection under CAT (Convention Against Torture), or seek to vacate the conviction altogether.
4. False Claim to U.S. Citizenship
What It Means:
Falsely claiming to be a U.S. citizen—on a job application, voting form, or to obtain benefits—is a serious offense that typically leads to removal without much room for discretion.
Legal Strategy:
Deportation lawyers may argue the claim was not “knowing” or “willful,” which are key legal elements. Additionally, they may use waivers under specific circumstances or present hardship arguments if immediate family members are U.S. citizens.
5. Fraud or Misrepresentation
What It Means:
Using fake documents, misrepresenting facts on immigration forms, or marriage fraud are all considered removable offenses.
Legal Strategy:
Attorneys can file waivers of inadmissibility (such as I-601 or I-212), especially when the client can demonstrate that removal would cause extreme hardship to U.S. citizen or LPR relatives.
6. Failure to Comply with the Terms of Entry
What It Means:
This applies to those who violate the conditions of their visa—for example, working while on a tourist visa or failing to maintain student status.
Legal Strategy:
Lawyers may argue for status adjustment, provide evidence of misunderstanding rather than willful violation, or explore options like DACA (Deferred Action for Childhood Arrivals), asylum, or U visas.
7. Denied Asylum or Withholding of Removal
What It Means:
If a person’s asylum application is denied, they can be referred to removal proceedings.
Legal Strategy:
A deportation attorney near me could appeal the decision, introduce new evidence, or shift the strategy to seek protection under CAT or other humanitarian relief programs.
8. Smuggling or Aiding Unlawful Entry
What It Means:
Transporting or assisting undocumented individuals in entering the U.S., even if family members, can be grounds for removal.
Legal Strategy:
Legal arguments may include challenging the evidence, invoking exceptions for humanitarian reasons, or applying for waivers.
9. Security and Terrorism Grounds
What It Means:
Although rare, being accused of being associated with terrorism or a threat to U.S. security leads to expedited removal and detention.
Legal Strategy:
These cases require sophisticated legal defense and often involve federal litigation. Attorneys may challenge the credibility of the evidence or seek relief based on U.S. and international human rights protections.
How Deportation Attorneys in Los Angeles Build Effective Defenses
Los Angeles has some of the most experienced immigration attorneys in the country. Here’s how deportation attorneys in Los Angeles typically counter removal proceedings:
- Legal Research and Case Precedents:
Attorneys dive into circuit court rulings, BIA decisions, and even Supreme Court precedents that may support their client’s case. - Expert Testimony:
Medical, psychological, country condition, and forensic experts are often brought in to strengthen the case. - Relief Applications:
Legal teams carefully assess eligibility for relief, such as asylum, CAT, DACA, TPS, U-visas, or family-based adjustments. - Strategic Filings and Appeals:
Filing motions to reopen, requesting bond hearings, or appealing to the BIA and Ninth Circuit Court of Appeals are all part of an aggressive legal approach. - Client Preparation:
Attorneys prepare clients for immigration court—guiding testimony, building credibility, and helping them express hardship narratives effectively.
Our Approach at the Law Offices of Brian D. Lerner
At the California Immigration, we’ve spent nearly 30 years helping individuals and families fight deportation with dignity and success. As a deeply experienced team of deportation attorneys in Los Angeles, we bring strategic insight and unwavering advocacy to every case. Our legal practice goes beyond paperwork—we work closely with each client to craft customized legal defenses that have helped thousands of people stay in the United States.
Whether you’re facing deportation due to a criminal charge, visa overstay, or a denied asylum application, our team is equipped with the expertise and compassion to fight for your right to remain in the U.S. If you’ve searched for a “deportation attorney near me” and need someone who truly understands both the law and the local court dynamics, we’re here to help you navigate the system and protect your future.
Conclusion: Knowledge, Advocacy, and Action
Facing deportation is one of the most distressing legal situations anyone can encounter. However, understanding the legal grounds for removal—and how experienced attorneys can counter them—turns fear into actionable strategy. In a high-volume immigration hub like Los Angeles, hiring the right deportation attorney could mean the difference between staying with your family or being separated for years.
No matter the complexity of your case, informed legal advocacy remains your most powerful defense. If you or someone you know is in removal proceedings, now is the time to act. Consult with qualified deportation attorneys in Los Angeles to review your options, assert your rights, and safeguard your place in the country you call home.