Last Updated on: 28th July 2023, 07:17 pm

Fighting Deportation in New York City Immigration Courts

Any type of criminal conviction can put immigrant New Yorkers at risk of deportation, even many minor offenses. Under U.S. immigration laws, crimes involving moral turpitude, controlled substances, domestic violence, and aggravated felonies almost always trigger removal proceedings. If you receive a Notice to Appear from Immigration and Customs Enforcement (ICE), you need to take it very seriously and work to avoid a deportation order.

At Spodek Law Group, our Manhattan criminal deportation defense attorneys have successfully guided many immigrant clients through deportation hearings in New York City immigration courts. We have prevented removal in cases involving:

• Drug possession charges
• DUI/DWI
• Theft
• Domestic violence
• Fraud

Under the Trump administration’s hardline immigration enforcement agenda, even green card holders faced increased scrutiny. Our attorneys can help lawful permanent residents fight deportation using discretionary forms of relief.

Criminal Convictions Lead to Immigration Detainers

Any encounter with local law enforcement puts immigrants at risk of eventual deportation. When police submit fingerprints to the FBI, they automatically notify Department of Homeland Security agencies like ICE. Immigration officials routinely issue detainers requesting that jails hold inmates up to 48 hours for possible pickup and removal proceedings.

Once immigrants complete criminal sentences, ICE agents usually take them into immigration detention. At this stage, prompt legal intervention is necessary to assert defenses against deportation. There are often avenues for getting charges reduced or dismissed, particularly in cases involving minor offenses or extenuating circumstances.

An aggressive criminal defense paired with a coordinated strategy in immigration court offers the best chance to avoid removal. Our New York immigration lawyers work closely with our criminal defense team to seal or vacate prior convictions wherever possible.

Even one day in immigration detention makes defending against removal much more difficult. Detained immigrants have limited access to counsel and must litigate complex immigration cases from jail.

Retaining counsel immediately upon criminal arrest helps maintain lawful status, lower charges, and reduce chances of detention and deportation down the road.

Removal Hearings in New York City Immigration Courts

If ICE successfully serves you with a Notice to Appear, removal proceedings commence in one of New York’s two immigration courts – Manhattan or Varick Street. You only have about 14 days to file a written pleading in immigration court responding to ICE’s charges.

Without an immigration attorney, you likely will not even understand the consequences of admitting or denying the allegations. This early stage is when our attorneys first seek termination of proceedings due to lack of evidence or other deficiencies in the Notice to Appear.

We also advise immigrant clients on potential forms of relief from removal such as cancellation of removal, asylum, withholding of removal, and relief under the Convention Against Torture. Certain legal permanent residents may still fight deportation through waivers and adjustment of status.

Successfully arguing these defenses requires extensive documentation and persuasive legal briefing. Our immigration lawyers marshal the strongest arguments possible in written pleadings, oral arguments at individual calendar hearings, and evidentiary submissions.

If necessary, we will zealously appeal adverse rulings up through the Board of Immigration Appeals, Second Circuit Court of Appeals, and even the Supreme Court. Due to the life-altering nature of deportation, leaving any stone unturned is never an option.

Avoiding Harsh Immigration Consequences of Crimes

Many immigrants plead guilty to criminal offenses without realizing the potential immigration consequences. Even misdemeanors and lesser offenses can meet the legal criteria for deportation. But in many cases, our attorneys can help negotiate more immigration-friendly dispositions.

Common strategies we employ to avoid negative immigration impacts include:

• Plea bargaining to non-removable charges – We identify alternative charges that do not trigger deportation grounds.
• Discretionary resolutions – Diversion programs, suspended impositions of sentence, and plea withdrawals may help avoid convictions.
• Immigration waivers – Some grounds of removal provide waivers to overcome prior offenses.
• Post-conviction relief – We work to vacate pleas or lower offense levels after the fact.

Federal immigration law is extremely complex, so consulting with counsel before accepting any plea is essential. Even if charges cannot ultimately be avoided, we advise clients on ways to strengthen defenses against removal after conviction.

Retain Seasoned Immigration Attorneys Today

if you face potential deportation based on past or pending criminal offenses in New York, please call Spodek Law Group at 212-300-5196 for urgent legal help. Our Manhattan criminal deportation defense attorneys offer skilled representation in criminal court, removal proceedings, and all appeals. We have a long record of keeping immigrant families together and avoiding unjust deportations. Contact us today to schedule a free confidential consultation and case assessment.