Hawaii Deportation Defense

Information provided by your Hawaii deportation lawyer, who understands the immigration process first-hand

Hawaii deportation attorney Noel Tipon understands the immigration process because his parents are immigrants to the United States; this provides him with better insight into the immigration and deportation process.  While it is commonly thought that only dangerous felons are deported from the United States, however, immigrants also face deportation hearings for misdemeanor charges, violations of United States drug enforcement laws, improperly filed immigration paperwork, and non-criminal violations of immigration law.  Non-criminal violations of immigration law that may result in deportation include:

• Entering the United States without documentation or without having applied for a visa
• Remaining in the United States beyond the authorized period
• Failing to obtain permanent residence after having received a conditional Green Card
• Failing to maintain non-immigrant status
• Working without the proper authorization
• Abandonment of lawful permanent residence
• Failing to abide by other immigrant status conditions

Removal Proceedings

An immigrant facing possible deportation usually receives a Notice to Appear (NTA) from the Department of Homeland Security (DHS). The Notice to Appear notifies the immigrant of the deportation hearing (also commonly referred to as a removal hearing). The Notice may include the following:

• Nature of the hearing
• Alleged immigration law violation(s)
• Consequences of failing to appear for the hearing
• Right to be represented by an attorney during the proceedings

During a removal hearing, the DHS must first prove that the there is a valid reason to remove the immigrant. If the immigration judge or officer determines that the alien is unlawfully residing in the United States, the burden then shifts to the immigrant to present evidence defending his status in the United States.

The first removal hearing is referred to as the master calendar hearing. During this hearing, you will be advised of your rights and will be given a chance to concede to or deny the allegations brought by the DHS. If you deny the allegations, you will have the opportunity to present your defense during an individual calendar hearing. Because the process of defending against deportation charges is complex, and the government is represented by an experienced lawyer who will be making a case for your deportation, it is important that you contact a knowledgeable Hawaii deportation lawyer to represent and assist you in preparing your defense.

Deportation Defense

There are multiple defenses that can be raised during a deportation hearing, including:

• Applications for political asylum, which require a showing that the alien has faced past persecution, or is likely to face future persecution, in his home country that was based on race, ethnicity, nationality, religion, or political affiliation.
• Withholding of removal requires that an immigrant demonstrate that he faces a 51% probability of being persecuted if he returns to his home country. This procedure requires that the immigrant present more corroborative evidence than in an application for asylum and the effects of a withholding of removal are permanent than those for asylum claims.
• Convention Against Torture (CAT) relief requires evidence that the immigrant faces a 51% probability that he will be tortured if he returns to his home country. Torture includes both physical and mental suffering that is inflicted by a public official.
• Cancellation of removal, a discretionary procedure that adjusts an alien’s status to lawfully admitted for permanent residence.

In addition to these defenses, an immigrant may seek a discretionary waiver of inadmissibility, an adjustment of status, or an extension of non-immigrant status. Residents of certain countries are permitted to suspend deportation under the Nicaraguan Adjustment and Central American Relief Act (NACARA). A Temporary Protected Status (TPS) may be designated by the United States Attorney General for citizens of certain countries facing dangerous combat or environmental disaster. Additionally, spouses and children of abusive United States citizens may self-petition to obtain lawful permanent residency under the Violence Against Women Act (VAWA) without the consent of their abusive spouses.

Appealing an Order of Removal

If you have raised a defense during your removal proceedings, you may appeal an order of removal to the Board of Immigration Appeals (BIA). If the BIA upholds the removal order, you may appeal your proceeding further to the United States Court of Appeals. If you file an appeal with the BIA, you will be permitted to remain in the United States until your appeal is heard if you file a stay of removal. If you wish to leave the United States pending your appeal, you should file a stay of voluntary departure to avoid dismissal of your appeal. It is important to have a qualified Hawaii deportation attorney assist you throughout the appeal process, especially because of the stringent filing deadlines and limited scope of review upon appeal.

Contact The Tipon Law Firm

If you have received a Notice to Appear from the DHS or if you are facing the possibility of deportation or need legal assistance with other immigration issues, contact a Hawaii immigration lawyer at The Tipon Law Firm. The Tipon Law Firm has experience defending both residents and non-residents against deportation. Tagalog and Ilocano spoken.