Removal Topics

Learn about your legal rights in removal proceedings and administrative appeals.

Legal Help

Even minor offenses can lead to immigration detention and hearings before an Immigration Judge. Talk with a former Immigration Court Attorney Advisor to find out what options for relief may be available.

Skip Navigation LinksHome > Immigration Courts and Appeals > Removal Hearings

Immigration Charges in Removal Hearings

If you face a removal hearing at the Dallas Immigration Court and the possibility of deportation, Attorney D.Ray Mantle may be able to help you. If you have received a notice to appear before an Immigration Judge in Dallas, contact our office to schedule a 30-minute consultation.

Can the government deport me?

The short answer is that any person who is not a citizen can be removed from the United States.  Certain immigrants are particularly at risk for removal:

Immigrants with Past Convictions
(Including Green Card Holders)

Immigrants with certain convictions can be deported, barred from adjusting their status to lawful permanent residency or prohibited from returning to the US after a trip abroad. This includes:

  • Lawful permanent residents (LPRs, or green card holders)
  • Asylees and refugees
  • People who have been granted withholding of removal or temporary protected status (TPS)
  • People who have applied to adjust their status
  • People on tourist, student, business, and other visas

The types of convictions leading to deportation are very broad and even include offenses that the criminal judge considered minor enough to warrant no time in jail. This deportation is like a second punishment that usually happens after immigrants finish their criminal sentence and can happen years after the conviction.

Undocumented Immigrants

Undocumented immigrants are deportable whether or not they have a conviction. However, any arrest or conviction will make them more likely to be discovered by Immigration and may also affect whether they can adjust their status. This includes:

  • People who “entered without inspection” – for example, walked across the border without going through Immigration
  • People with old deportation orders – remember that some people may have old deportation orders, even if they don’t know it – for example, if a green card application was denied and person did not get notice that the government had started a deportation case
  • People who have overstayed a visa

De-Naturalized Citizens

US citizens cannot be deported. However, the government can attempt to take away the citizenship of naturalized citizens if they can show that naturalization was gained through fraud – for example, if a person did not disclose an arrest or conviction on the naturalization application. A person whose citizenship is stripped may again be vulnerable to deportation.

How to Help Someone Facing Deportation

The first step to help someone facing removal charges is to gather key information.

What is the person's immigration status?
  • Does the person have a green card, asylum/refugee status, a valid visa (tourist, work, business etc. – not just a work permit) or some other legal reason to be here? If so, when did he or she get this status and how?
  • If the person has no legal status, did s/he overstay a visa, or enter the country illegally (via the border or false papers)? When and how?
  • Does the person have an old order of deportation? When did he or she get it and how? Sometimes Immigration orders immigrants deported without them knowing. They may have an old order if they lost their asylum case, skipped an immigration interview, or skipped an immigration hearing.
What information will the attorney need?

Collect the following information about the person facing deportation. The person facing deportation proceedings along with the primary person handling the case should keep a copy of:

  • Full name and aliases
  • Alien Registration Number. This is on most immigration papers, including the I-94 card on your passport, green card, or any other document that Immigration provides. The A# looks like this: A99 999 999. If you do can’t find the A#, try to contact the person’s consulate to see if they have a record of detention that contains the A#.
  • First (or next) immigration court date. If you do not know when the court date is, call the Immigration court hotline at (800) 898-7180 and enter the A#.
  • Date person entered the US and how (visa, cross border, green card through marriage, etc.)
  • Criminal record. You must have a list of the precise criminal convictions (for example, penal law codes). Include the date of arrest, the place of arrest (City, State), date of conviction, and the sentence. If possible, get a copy of the rap sheet. Get a Certificate of Disposition for each conviction from the court clerk’s office in the courthouse where the criminal case was heard.
  • A copy of the Notice to Appear (NTA) and all other immigration paperwork. If the person has any old orders of deportation, gather the documents related to the old immigration case.
  • Favorable factors. Collect documents showing that the person facing deportation has family, community ties, and “good moral character.”
  • The person’s location (jail, federal detention center, etc.).
  • Information about family members - children, spouses, parents, etc. can be critical. Information about finances can also help.

 

Help with Understanding Removal Issues

Mr. Mantle takes the time to understand immigrants, their families, and their needs. He always provides clear and honest assessments, and focuses on workable solutions to immigration problems.