5 Ways You Can Defend Against Deportation in New Mexico

Deportation can suddenly become a real and present possibility for many undocumented immigrants and other non-US citizens in New Mexico. Defense against deportation is possible, but rarely easy. Defenses can vary widely depending on many circumstances. Here are some of the defenses of deportation that may work for you or your loved one facing removal in New Mexico.

1. Pick Apart the Reasons for Removal at Your Removal Hearing
Before the start of a removal proceeding, the court will issue a Notice to Appear, which outlines the charges and reasons for deportation. These reasons can include:
  • Illegal entry into the country
  • Expired visa or other temporary citizenship credentials
  • Violation of visa or other temporary citizenship laws
  • Criminal activity
Each one of these and other charges come with defenses. Picking apart these deportation reasons can help remove someone from detention or stay the removal process.
Sometimes, one or more of these charges aren’t even relevant. For example, a visa violation charge can occur because the rules regarding a particular type of visa changed suddenly. Proving someone didn’t violate the original terms of their visa can help.
You can deny the allegations and proceed from there. The burden of proof for any charge falls to the DHS. If they cannot prove the allegations, then there are no grounds for deportation. Even if the DHS can come up with the proof they need, other options are still available.
2. Make Use of Any Form of Relief or Relevant Waivers
Several relief methods exist that can help with deportation. Many of these methods have strict guidelines for usage. Also, you must know which forms of relief are available and applicable. Here’s a few worth considering:
  • Waiver of inadmissibility
  • Cancellation of removal
  • Withholding of removal
  • Asylum
  • Relief under the Convention Against Torture
  • DACA
  • U Visa, VAWA, T Visa
  • Motion to Terminate or Suppress
  • Adjustment of status
The status, age, and even gender of the detainee can help them gain relief. Occasionally, applying for a specific type of assistance can at least prolong the case. Proceedings must sometimes wait for the outcome of the relief application before they can continue.
3. Leave Voluntarily to Gain the Best Chance to Come Back
One defense that can help (more than many think) is to leave the country voluntarily. In cases where the detainee has avenues to return to the US legally, a voluntary departure can speed up that process.
Deportation can often come with a ban on attempting to return which lasts a decade. Sometimes, that ban is a permanent one. Voluntary deportation can sometimes remove the ban and allow someone to come back for a fresh start sooner than later.
4. Appeal a Decision While Also Pursuing Other Options
Despite best efforts, a negative outcome can still occur. In such a case, you can still appeal a judge’s decision. You can still pursue other forms of relief while appealing a decision as well. Note that appeal isn’t possible if you file a voluntary departure.
5. Hire an Experienced Immigration Attorney in New Mexico
The immigration laws can create a lot of confusion. Many people face removal with little to no understanding of what they can do about their situation. In addition, the laws on immigration are in a constant state of change. Having an advocate is a necessity. Legal representation can help with:
  • Explaining the situation clearly
  • Finding and explaining possible defenses
  • Finding and explaining which forms of relief are potentially available
  • Providing paperwork and other necessary documentation
  • Answering any questions and providing guidance
  • Handling the appeal process
It helps to understand what’s going on, but there’s no substitute for a knowledgeable legal representative.
At the W. Shane Jennings Law Office, we can help you or your loved one find the best path to remaining in the country. You have to act quickly. If you or a loved one is facing deportation in New Mexico, contact us immediately.
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