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Deportation and Removal Defense

Novo Legal has your back when you need help with deportation defense

The attorneys at Elinoff Legal specialize in zealously litigating removal defense cases on behalf of our clients. Many people consider banishment from the United States and separation from family a more severe punishment than jail or hefty fines. For some, it could be a death sentence. Others have lived most of their adult lives in the United States, have created business, owned property and have family members who are United States Citizens. We take great care in understanding the realities of our clients’ lives.

​Immigrants with attorneys fare better at every stage of the court process

According to the American Immigration Council, having an attorney can be the difference between success and failure.

  • Represented immigrants in detention who had a custody hearing were four times more likely to be released from detention (44 percent with counsel versus 11 percent without).
  • Represented immigrants were much more likely to apply for relief from deportation.
    • Detained immigrants with counsel were nearly 11 times more likely to seek relief such as asylum than those without representation (32 percent with counsel versus 3 percent without).
    • Immigrants who were never detained were five times more likely to seek relief if they had an attorney (78 percent with counsel versus 15 percent without).
  • Represented immigrants were more likely to obtain the immigration relief they sought.
    • Among detained immigrants, those with representation were twice as likely as unrepresented immigrants to obtain immigration relief if they sought it (49 percent with counsel versus 23 percent without).
    • Represented immigrants who were never detained were nearly five times more likely than their unrepresented counterparts to obtain relief if they sought it (63 percent with counsel versus 13 percent without).

You have the right to an attorney

Every person who is subject to deportation (removal) has the right to hire a lawyer and have that lawyer represent you. However, if you wish to exercise your right to be represented by a lawyer, you must find and hire your own lawyer. Unlike criminal cases, individuals in removal proceedings are not entitled to a government-paid representative. Some states have organizations that represent people in immigration court for free. Our firm even accepts pro bono cases when they are referred from qualifying organizations such as the Rocky Mountain Immigration Advocacy Network. For persons detained in Aurora, Colorado, the Rocky Mountain Immigrant Advocacy Network provides legal orientations to persons.

Deportation Defenses

When a noncitizen is placed in removal proceedings he must go before an immigration judge. If a noncitizen does not appear for his immigration court hearings, then he will be ordered removed in his absence {in absentia). It is therefore important that a noncitizen attend every scheduled appearance.

VAWA

If a noncitizen in removal proceedings has been the battered or subjected to extreme cruelty at the hands of their U.S. citizen spouse or parent, then they may be eligible to apply for adjustment of status through the Violence Against Women Act. If you are in removal proceedings and believe that you qualify for this form or relief, you should contact our office immediately.

U Visa

If a noncitizen in removal proceedings has been the victim of certain crimes in the Untied States and was helpful to law enforcement or the prosecution in the investigation or prosecution of the crime, then they may be eligible to apply for a U Visa, giving them lawful status in the United States.

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