Preventing immigration from deporting you from the US
The best deportation attorney will properly represent you in removal hearings.
If you are in removal proceedings, explains Brian D. Lerner, the Immigration Judge and the trial attorney (who represents the Department of Homeland Security) are not your friends. You are just a number to them and the best deportation attorney
Will not back away from doing what must be done.
Many times if your immigration attorney is not the best immigration attorney, he or she will simply admit to the allegations on the Notice to Appear without properly analyzing what is in the Notice to Appear or without asking the proper questions of the client.
The best deportation attorney will know exactly what to do and not to do with a Notice to Appear.
Thus, what is the Notice to Appear? Brian D. Lerner explains that the Notice to Appear is the first document to begin the deportation or removal proceedings.
It is the document that would be similar to an indictment in a criminal proceeding. Essentially, the best deportation attorney would know that a Notice to Appear has different sections.
The first section of the Notice to Appear deals with allegations of essentially where you were born,when you entered the U.S., how you entered the United States and what is your nationality.
Many times, if your immigration attorney is not the best immigration attorney, he will simply admit those allegations. While there may be many occasions where these allegations are admitted, there are times when they should not.
For example, the best immigration attorney will know that if you ‘almost’ qualify for Cancellation of Removal where you need to show 10 years of physical presence prior to the Notice to Appear being served, but the stated entry date is 3 or 4 months shy of the 10 years, it is very possible that the date that Immigration believes that you entered the U.S. is not correct.
How many of us, asks Brian D. Lerner, remember exactly what day we might have done something over 10 years ago. Thus, the best deportation attorney may very well be able to argue that the allegation of when you entered the U.S. is not correct and that it should be denied.
Another issue which the best deportation attorney will look into is whether or not there are any derivative citizenship issues.
For example, explains the Law Offices of Brian D. Lerner, your parents or grandparents might have been born in the United States. Once this situation would be analyzed, you might actually be a U.S. Citizen.
Therefore, if the immigration attorney just admits to the alienage of U.S. Citizenship, that attorney might be doing a disservice to the client.
Rather, the best deportation attorney would deny the allegation of nationality and make a motion for termination of the proceedings in order to apply for derivative citizenship.
The best deportation attorney would then know that the next section of the Notice to Appear deals with the allegations by the Department of Homeland Security as to why you are excludable from the United States.
Essentially, Brian Lerner explains that this section of the Notice to Appear will list the reasons that Immigration wants to deport you from the U.S.
Here is where the allegations of either being out of status or of whatever crimes you might have committed will be listed.
In other words, if your attorney is not the best deportation attorney, he will simply agree and accept these allegations of the crimes.
Brian D. Lerner states that the attorney should never admit to those allegations.
The best deportation attorney will know that it is the burden of the U.S. Government to prove by clear and convincing evidence that you are removable from the U.S. This is a high burden.
It cannot be legally shifted to you or the person whom the U.S. government is trying to deport.
Rather the best deportation attorney will know that it is the burden of the U.S. government to provide the conviction documents and to show that you or the person in removal proceedings is the actual person who had the conviction.
Even if you qualify for other forms of relief, the best deportation attorney will know that if the U.S. government cannot prove that you were convicted of that crime, that the case will either be terminated, or that particular allegation will be stricken by the Immigration Judge (or denied.)
The best deportation attorney will also instruct the Immigration Court, if the Court asks directly to the person whom U.S. Immigration is trying to deport, to claim the 5th Amendment. Brian D. Lerner has had to do this on several occasions.
Thus, even though the Immigration Judge might get irritated and claim it is not a criminal proceeding, he or she cannot force you or the person in removal proceedings to ‘admit’ or say ‘yes’ to the Immigration Judge when asked if you committed the crime. It is situations like this that will differentiate a less experienced deportation lawyer with the best deportation lawyer.
Brian D. Lerner explains that the next section of the Notice to Appear will be the legal provisions of the Immigration and Nationality Act as to why U.S. Immigration believes you are removable.
As with other sections of the Notice to Appear, the best deportation attorney will know to read and research the immigration law provisions on the Notice to Appear and to determine if there is a realistic way to deny the allegations and or whether the best deportation attorney would admit to that allegation.
Keep in mind that the Notice to Appear and how it is handled is an extremely important part of the immigration law process when you are in removal proceedings, and therefore, you should get only the best deportation attorney to represent you.