The mention of deportation evokes fear in anyone in the United States without valid legal status – or even some non-citizens with lawful immigration status. Deportation is associated with the United States Immigration and Customs Enforcement (ICE), whose officers are charged with the responsibility to find and deport those who have entered the United States illegally or have overstayed their visas, among other reasons.
If you face possible deportation in the Chicago area, you want to have our legal team at Robert D. Ahlgren and Associates on your side right away. We have deportation defense attorneys in Chicago ready to help you find a way to prevent or delay your deportation.
Before you are deported from the United States, the law provides certain due process rights and procedures, which must be adhered to. One of the reasons it is in your interest to have an experienced deportation defense lawyer on your side is to make sure these rights are protected.
The process of deporting anyone from the United States is initiated in one of two ways:
A notice to appear (NTA) is a document issued by the United States Department of Homeland Security (DHS) charging a person for being in the United States illegally and stating they are subject to removal or deportation. The NTA is filed with the Immigration Court, but you will also receive a copy of the NTA, telling you the date, time, and venue where you must appear before an immigration judge (IJ).
The IJ will receive and evaluate evidence from DHS and consider any defenses you may have if you are the one in deportation proceedings. The IJ will then decide whether to order you deported or to dismiss the charges against you. You want an experienced lawyer presenting your defense for the best chance of success.
The other way one can find themselves in deportation proceedings is by being taken into custody by ICE agents. This can follow a knock at the door by the ICE agents or it can happen following an arrest for unrelated criminal conduct. For example, if you are arrested and charged with a crime, and you are sentenced to a time in jail or prison, you will likely not be going home upon completion of serving your time. This is because ICE agents might be waiting to take you into their custody and charge you with deportation based on that conviction.
An experienced deportation defense attorney will first make sure the NTA is legally sound – meaning the document satisfies the legal requirements. If the NTA does not satisfy the requirements, your lawyer will attempt to have the proceedings against you terminated, and if the IJ refuses to do so, your lawyer can pursue this issue on appeal.
If the NTA is sound, then your lawyer will mount an aggressive defense against the charges you face. The specific defenses the lawyer will mount will depend on your individual facts and circumstances.
If you or a loved one has been placed in deportation proceedings in the Chicago area, contact the Law Office of Robert D. Ahlgren and Associates today to schedule a consultation.