Deportation & Removal Defense Lawyer In San Diego, California
- Former government attorney
- Reputation for winning complex cases
- Honest evaluations & realistic expectations
- Seventy+ 5-star reviews on Google
Deportation & Removal Defense Attorney
Facing deportation is a daunting and life-altering experience. At North County Immigration, we understand the fear and uncertainty that individuals and families go through when confronted with the prospect of being removed from the United States. Our mission is to stand with you during these challenging times and provide you with the strong legal representation you deserve.
Your Compassionate Deportation Immigration Lawyer
Led by our managing attorney, Anna M. Hysell, a former prosecutor in deportation cases, our firm has been a beacon of hope for countless clients in Escondido and beyond. With nearly two decades of experience, we have honed our skills in deportation defense, ensuring that our clients receive the highest level of expertise and dedication. We are known for specializing in and winning complex cases.
Why Choose Our Deportation Defense Lawyers?
Experience that Matters: Our team has an in-depth understanding of the complexities surrounding deportation cases. We leverage this knowledge to craft strategic and creative solutions tailored to your specific circumstances.
Focused Attention: We believe that every client is unique, and we treat your case with the individualized care it deserves. Your concerns become our top priority, and we work tirelessly to protect your rights.
Proven Track Record: Our successful outcomes in deportation defense cases are a testament to our commitment to our clients. We make it difficult for the government to prevail, fighting relentlessly on your behalf.
How We Can Help with Deportation Defense
Receiving a Notice to Appear (NTA) from the Department of Homeland Security (DHS) can be overwhelming, but it doesn’t mean your fate is sealed. Our deportation defense lawyers near you are here to guide you through the process, explore defense options, and develop a strong case strategy. We leave no stone unturned to safeguard your right to stay in the United States.
One crucial aspect of our deportation defense practice is assisting eligible individuals in seeking asylum or withholding of removal. If you fear persecution or torture in your home country due to factors such as race, religion, nationality, membership in a social group, or political opinion, we can help you build a compelling case for protection.
Contact Our Deportation Defense Lawyers Today
At North County Immigration, we are more than just deportation defense lawyers; we are your advocates, your support system, and your voice in the face of adversity. We understand the human stories behind immigration matters and are dedicated to making a difference in the lives of our clients.
If you or a loved one is facing deportation, don’t wait. Reach out to us today for a case consultation. Together, we can navigate the legal complexities and work towards a brighter, more secure future in the United States. Your journey begins with a single call – let us be your trusted guide.
Our Practice Areas
IMMIGRANT CRIMINAL DEFENSE
DEPORTATION AND REMOVAL DEFENSE
WAIVERS OF INADMISSABILITY
What Our Clients Say About Us
Anna Hysell saved my nanny’s husband from deportation. Our nanny is like family, so when I learned her husband had been detained by immigration, I looked for the best person to help him. Anna came highly recommended by other attorneys I knew and I am so glad she helped us. She has many established relationships with Immigration Officials and was actually able to get them to agree to close his case and not deport him. We are all so thankful for her assistance.
Hello, I recommend the lawyer Anna Hysell, she filed a case for me, I stopped the deportation, I won my case, she works very hard, she is punctual in the courts, if you have an immigration case, do not hesitate, go to her offices, thank you, lawyer.
Schedule A Consultation
Are you facing immigration challenges and seeking expert guidance to navigate the complex legal landscape? North County Immigration is here to help!
What Sets Us Apart
Former Government Attorney
Attorney Anna M. Hysell is a former Government attorney for both the U.S. Department of Justice and the U.S. Department of Homeland Security.
Winning Complex Cases
We think like the interviewing officer or opposing government lawyer. We have earned a reputation for taking on and winning complicated immigration cases.
Experienced Litigation Team
In a field with rampant fraud and incompetence, where many are taken advantage of, our experienced team protects the rights of our clients, ensuring that each receives fair and just treatment.
Commitment To Helping
We strive to listen to our client’s and minimize their stress. We work each day to ensure our client matters are handled properly and communicate the progress at the different stages of the matter.
Upfront Review Process
During your consultation, a full analysis is made including a review of all relevant documentation. The weaknesses in the case and how to overcome them are determined, as well as what evidence will be necessary and what the most efficient way is for the client to get the results they want.
Full Service Law Firm
The Law Offices of Anna M. Hysell is one of the top civil rights firms in the San Diego area. We strategically design our lawsuits to have an impact from the start and are not afraid to take on the most challenging cases. Our goal is to always achieve justice for our clients.
Successful Deportation Defense for a Military Family
NCI helped a client with a prior successfully avoid deportation on the grounds of hardship as the defendant’s children’s mother was deployed.
Successful Asylum Claim from the Ukraine War
NCI helped an asylee seeking to escape the devastation and heartbreak caused by the unprovoked actions of the Putin Invasion of Ukraine.
B-2 Visa Extensions Granted to Keep a Family Together
NCI was able to get 6-month extensions approved for 2 minors to stay with their ill father in the United States while he undergoes medical treatment.
NCI was able to halt the removal of a Brazilian national that was scheduled to be deported out of Houston International on the grounds of due process violations.
Reunification of an Escondido Family
NCI successfully helped an Escondido woman and her mother overcome some legal challenges and gain immigration status, allowing them to reunite.
Removal Order Rescinded
NCI was able to help rescind a removal order for our client who had the unfortunate luck of previously receiving poor counsel.
Deportation Immigration Lawyer FAQs
How does deportation work?
Deportation, also known as removal, is a legal process through which a foreign national (or non-U.S. citizen) is ordered to leave the United States by the U.S. government. Deportation is typically initiated and carried out by the Department of Homeland Security (DHS), specifically by its agency called U.S. Immigration and Customs Enforcement (ICE). Here’s an overview of how deportation works:
Initiation of Removal Proceedings: Deportation proceedings typically begin when an individual receives a “Notice to Appear” (NTA) from DHS. The NTA serves as a formal charging document, outlining the specific reasons why the individual is subject to removal from the United States. Common reasons for deportation include visa violations, criminal convictions, immigration fraud, or illegal entry into the country.
Detention: In some cases, individuals subject to removal may be detained by immigration authorities during the deportation process, especially if there is a concern that they may not appear for their hearings or pose a risk to public safety. Detention facilities can be operated by ICE or contracted with private entities.
Immigration Court Proceedings: Deportation cases are typically heard in immigration court, which is a separate administrative court system from the regular federal or state court systems. The individual facing deportation has the right to be represented by an attorney during these proceedings, but legal representation is not guaranteed at government expense.
Challenging Deportation: Individuals in removal proceedings have the opportunity to challenge their deportation by presenting evidence and arguments in their defense. They can argue that they have legal grounds to remain in the United States, such as asylum, adjustment of status, or waivers for certain immigration violations.
Immigration Judge’s Decision: An immigration judge will make a determination based on the evidence and arguments presented during the proceedings. If the judge rules in favor of the individual, they may be allowed to stay in the U.S. If the judge orders deportation, the individual can appeal the decision to the Board of Immigration Appeals (BIA) and, in some cases, to federal courts.
Enforcement of Removal Order: If the deportation order is upheld and all appeals are exhausted, ICE will enforce the removal order. This may involve detaining the individual until transportation arrangements are made, and they are deported to their home country. Deportation may occur via commercial flights, charter flights, or land transportation, depending on the circumstances.
Reentry Restrictions: Individuals who have been deported and removed from the United States may face restrictions on their ability to reenter the country in the future. Depending on the circumstances of their removal and any criminal convictions, they may be subject to bars on reentry ranging from several years to a lifetime ban.
It’s important to note that immigration laws and deportation procedures are complex and can vary based on individual circumstances, including immigration status, criminal history, and other factors. It is highly advisable for individuals facing deportation to seek legal counsel to navigate the process and explore potential avenues for relief or defense. Additionally, immigration policies and procedures may change over time, so it’s essential to consult with an attorney or an updated source for the most current information.
If you are facing deportation or removal, contact North County Immigration to schedule a consultation.
What are the most common causes of deportation?
Deportation (removal) from the United States can occur for various reasons, but some of the most common causes of deportation include:
Criminal Convictions: Criminal convictions are a leading cause of deportation. Non-U.S. citizens who are convicted of certain crimes may be subject to removal, especially if the crimes are considered aggravated felonies or crimes of moral turpitude. The specific crimes that can lead to deportation vary depending on the individual’s immigration status and the severity of the offense.
Immigration Violations: Violating immigration laws, such as overstaying a visa, entering the U.S. without inspection (illegal entry), or committing fraud in connection with an immigration application, can result in deportation proceedings.
Visa Violations: Violating the terms and conditions of a visa, such as working without proper authorization or overstaying the allowed period, can lead to removal.
Unlawful Presence: Accumulating unlawful presence in the United States can trigger removal proceedings. Unlawful presence occurs when an individual remains in the U.S. after the expiration of their authorized stay or without lawful status.
Security-Related Concerns: Individuals who pose a threat to national security or who have ties to terrorism or terrorist organizations may be subject to deportation.
Public Charge Grounds: Non-U.S. citizens who become a public charge (reliant on government assistance) within five years of entering the U.S. or adjusting their status may be deemed inadmissible and could face deportation.
Visa Revocation: If a non-U.S. citizen’s visa is revoked for any reason, they may be subject to removal proceedings.
Fraud or Misrepresentation: Providing false information or fraudulent documents in connection with an immigration application can lead to removal if discovered.
Failure to Attend Immigration Hearings: Failing to appear at scheduled immigration hearings or comply with immigration court orders can result in orders of removal in absentia.
Deportable Offenses: Certain actions, such as drug offenses, domestic violence convictions, and crimes of violence, can render an individual deportable under immigration law.
Violations of Visa Waiver Program (VWP) Rules: Travelers entering the U.S. under the Visa Waiver Program must adhere to specific rules and may be subject to removal if they violate these rules.
It’s important to note that immigration laws and policies can change, and the specific consequences for different violations can vary based on an individual’s immigration status, the nature of the offense, and other factors. Additionally, some individuals may have avenues for relief from deportation, such as asylum or cancellation of removal, depending on their circumstances.
If you are facing deportation or have concerns about your immigration status, it is essential to consult with an experienced immigration attorney who can assess your situation, explain your rights, and provide guidance on potential defenses or relief options.
What are the difference between deportation and removal?
“Deportation” and “removal” are terms used interchangeably to describe the legal process by which a non-U.S. citizen is ordered to leave the United States. However, in a technical sense, there is a distinction between these terms:
Historical Terminology: “Deportation” is an older term that was commonly used in U.S. immigration law prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). Before IIRIRA, the process of expelling non-U.S. citizens was often referred to as “deportation.”
Grounds for Deportation: Deportation typically referred to the removal of non-U.S. citizens who were found inadmissible, excludable, or deportable due to various reasons, including immigration violations, criminal convictions, visa overstays, and other grounds of inadmissibility or deportability.
Procedures: The procedures and terminology related to deportation were governed by the Immigration and Nationality Act (INA) and its predecessors, which provided specific processes for removing non-citizens.
Modern Terminology: “Removal” is the term now used in U.S. immigration law to describe the process of expelling non-U.S. citizens. This terminology was introduced by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) to streamline and clarify the removal process.
Consolidation of Proceedings: IIRIRA consolidated various removal-related procedures and replaced the terms “deportation” and “exclusion” with the term “removal.” This was done to simplify and standardize immigration procedures.
Broad Scope: Removal encompasses both the removal of individuals who were previously subject to deportation and those who were previously subject to exclusion. It covers all processes related to the expulsion of non-U.S. citizens from the United States.
In summary, while “deportation” and “removal” are often used interchangeably in everyday language, “removal” is the modern, legally recognized term for the process of expelling non-U.S. citizens from the United States. It encompasses all removal-related proceedings, whether they involve individuals previously subject to deportation or those previously subject to exclusion. The transition from “deportation” to “removal” was a result of legislative changes aimed at simplifying and standardizing immigration procedures.
Are deportation records public?
Deportation records, like many other government records, can vary in terms of their accessibility to the public. In the United States, deportation records generally fall under the purview of U.S. Immigration and Customs Enforcement (ICE) and other relevant immigration agencies. Here’s some information regarding the accessibility of deportation records:
Privacy Considerations: Deportation records often contain sensitive personal information about individuals who have been subject to removal proceedings. To protect individuals’ privacy rights, certain information may be redacted or restricted from public access.
Freedom of Information Act (FOIA): In the U.S., the Freedom of Information Act (FOIA) allows individuals to request access to certain government records, including deportation records. However, FOIA requests may be subject to exemptions and limitations, particularly when it comes to personal or sensitive information. FOIA requests may need to be specific in nature and adhere to certain procedures.
Limited Public Information: Some basic information about deportation cases may be publicly available. For example, immigration court proceedings, including hearing dates and outcomes, are generally considered public records and can be accessed through the Executive Office for Immigration Review (EOIR) website or by contacting the relevant immigration court.
Immigration Court Records: Immigration court records related to deportation proceedings may be accessible to the public to varying degrees, but they may also be subject to restrictions to protect privacy.
Criminal Records: In some cases, individuals facing deportation may have criminal records related to their immigration violations or other offenses. Criminal records are typically a matter of public record and can be accessed through the relevant law enforcement agency or court.
Confidential Information: Certain information within deportation records, such as medical records, attorney-client communications, and other privileged or confidential materials, may be restricted from public access.
Consent of the Individual: In some cases, individuals may choose to share their own deportation records or information related to their cases with the public. However, this is at their discretion.
It’s important to note that immigration laws and policies may change, affecting the accessibility of deportation records and the level of transparency in immigration proceedings. Additionally, access to immigration records may vary by country, as different countries have their own laws and regulations regarding the release of such information.
If you have a specific need to access deportation records or information about a particular case, you may consider consulting with an attorney who specializes in immigration law or submitting a FOIA request to the relevant government agency, keeping in mind the privacy and legal considerations surrounding such records.
Can a lawyer stop deportation?
Yes, an immigration lawyer can play a crucial role in helping to stop or prevent deportation (removal) in certain cases. Immigration lawyers are trained and experienced in navigating the complexities of immigration law and deportation proceedings. Here are some ways in which an immigration lawyer can assist in stopping or preventing deportation:
Legal Defense: An immigration lawyer can provide a strong legal defense for individuals facing deportation. They can assess the circumstances of the case, examine the evidence, and identify potential legal arguments to challenge the deportation order. This may involve arguing that the individual is not removable under immigration law or seeking relief from removal.
Relief from Removal: There are various forms of relief from removal available under U.S. immigration law. An immigration lawyer can help determine which forms of relief may apply to your case and assist in preparing and presenting a strong case for relief. Some common forms of relief include:
- Cancellation of Removal
- Asylum or Withholding of Removal
- Adjustment of Status
- Waivers of Inadmissibility or Removability
- U Visas for Crime Victims
- Deferred Action for Childhood Arrivals (DACA)
Appeals: If an immigration judge issues a removal order, an immigration lawyer can help file appeals with the Board of Immigration Appeals (BIA) and, if necessary, with federal courts. Appeals can provide additional opportunities to challenge the deportation order.
Negotiating with Prosecutors: In some cases, an immigration lawyer may negotiate with immigration prosecutors (Office of Chief Counsel) for a favorable resolution of the case, such as termination of proceedings or administrative closure.
Waivers and Pardons: An immigration lawyer can help individuals seek waivers or clemency for certain criminal convictions that may have led to deportation proceedings.
Filing Motions: Attorneys can file motions to reopen or reconsider deportation cases if there are new facts or legal arguments that may affect the outcome of the case.
Emergency Relief: In urgent situations, such as when someone is at risk of imminent deportation, an attorney can seek emergency stays of removal from immigration authorities or the courts.
Advocacy and Public Awareness: Immigration lawyers can engage in advocacy efforts to raise awareness about cases and rally support from community organizations, lawmakers, and the public, which can sometimes lead to discretionary relief.
It’s important to consult with an experienced immigration lawyer as soon as possible if you or a loved one is facing deportation. The outcome of deportation proceedings can have significant and life-changing consequences, and a knowledgeable attorney can provide guidance and representation tailored to your specific case. Immigration laws are complex and subject to change, so having professional legal counsel is essential to navigate the process effectively.
How to avoid deportation with a felony?
Avoiding deportation with a felony conviction can be challenging, as it depends on various factors, including the specific circumstances of your case, your immigration status, and the type of felony conviction you have. Here are some potential strategies that individuals with felony convictions may explore to try to avoid deportation:
Consult an Immigration Attorney: The most crucial step is to consult with an experienced immigration attorney who can assess your case, explain your options, and provide guidance based on the specifics of your situation. Immigration laws are complex and can change, so it’s essential to have a knowledgeable advocate.
Cancellation of Removal: Some individuals may be eligible for a form of relief known as “Cancellation of Removal.” This relief is available to both lawful permanent residents (green card holders) and non-permanent residents. To qualify, you typically need to demonstrate, among other things, a significant period of continuous presence in the United States, good moral character, and that your removal would result in exceptional and extremely unusual hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident.
Adjustment of Status: If you are a lawful permanent resident (green card holder) and have a felony conviction, you may explore the possibility of applying for an adjustment of status to become a U.S. citizen. This can sometimes provide relief from deportation.
Waivers: Depending on the nature of your felony conviction, you might be eligible for a waiver that forgives certain immigration violations. For example, there are waivers available for certain criminal convictions, including some felonies. Your attorney can advise you on whether you may qualify for such a waiver.
Asylum or Withholding of Removal: If you fear persecution or torture in your home country due to factors such as race, religion, nationality, membership in a social group, or political opinion, you may be eligible for asylum or withholding of removal. These forms of relief can prevent deportation.
Appeal or Post-Conviction Relief: If there were errors in your criminal proceedings or if your conviction can be vacated or reduced through a post-conviction relief process, it may impact your immigration case. Consult your criminal defense attorney to explore these options.
Pardon or Clemency: Depending on your criminal history and the laws of the state where you were convicted, you might explore the possibility of obtaining a pardon or clemency from the governor or relevant authority. While this may not automatically prevent deportation, it can be considered as a positive factor in your immigration case.
Seek a U Visa: If you are a victim of certain crimes and have cooperated with law enforcement, you may be eligible for a U visa. U visas are available to individuals who have suffered substantial physical or mental abuse as a result of being a victim of certain crimes, and they can lead to lawful immigration status.
It’s important to emphasize that immigration laws and policies can change, and eligibility criteria for relief can be complex. Consulting with an immigration attorney is crucial to understanding your options and developing a strategy to avoid deportation. Keep in mind that the success of any of these strategies depends on the unique circumstances of your case and the discretion of immigration authorities and judges.
Can deportation be reversed?
Yes, deportation (removal) can sometimes be reversed or challenged, but the possibility of reversing deportation depends on various factors, including the specific circumstances of the case and the legal avenues available. Here are some ways in which deportation can potentially be reversed or challenged:
Appeals: If an immigration judge issues a deportation order, the individual subject to removal has the right to appeal the decision to the Board of Immigration Appeals (BIA). The BIA can review the judge’s decision, and if it finds errors in the proceedings or legal interpretation, it may reverse the deportation order.
Motions to Reopen or Reconsider: In certain situations, individuals can file motions to reopen or reconsider their deportation cases. This can be done if new evidence comes to light, if there were errors in the proceedings, or if there are changed circumstances that may affect the case.
Stay of Removal: Individuals facing imminent deportation may seek a stay of removal, which temporarily halts the deportation process. This can provide additional time to explore legal options or await the outcome of an appeal or motion.
Executive Action or Pardon: In exceptional cases, individuals may seek relief from deportation through executive action, such as a presidential pardon or clemency. This is rare and typically requires a compelling reason.
Asylum or Withholding of Removal: If individuals can establish a credible fear of persecution or torture in their home country based on factors such as race, religion, nationality, membership in a social group, or political opinion, they may be eligible for asylum or withholding of removal. These forms of relief can prevent deportation.
Adjustment of Status: Some individuals may be eligible to adjust their immigration status to that of a lawful permanent resident (green card holder) while in removal proceedings, which can potentially stop deportation.
Cancellation of Removal: Certain individuals, including lawful permanent residents and non-permanent residents, may be eligible for cancellation of removal if they can meet specific criteria, such as demonstrating continuous physical presence in the U.S., good moral character, and the hardship that deportation would cause to qualifying family members.
Deferred Action: In some cases, individuals may be granted deferred action, which is a temporary protection from deportation. While deferred action is not a permanent solution, it can provide relief from immediate deportation.
It’s essential to consult with an experienced immigration attorney like Anna Hysell if you or someone you know is facing deportation. Immigration laws are complex, and the options available for reversing deportation depend on the specific facts of the case. An attorney can assess the situation, identify potential legal avenues, and provide guidance on the best course of action. Timeliness is often crucial in deportation cases, so seeking legal help as soon as possible is advisable.