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Staten Island Deportation Defense Lawyers

October 8, 2025

Last Updated on: 15th October 2025, 06:27 pm

Staten Island Deportation Defense Lawyers

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 50 years of combined experience defending Staten Island residents in deportation proceedings. Our immigration attorneys have represented thousands of clients at 26 Federal Plaza Immigration Court since 1976, fighting removal through asylum, cancellation, adjustment of status, and every available defense. You know our work – we represented Anna Delvey in the case that became a Netflix series.

If you’re facing deportation in Staten Island in 2025, you’re confronting expanded enforcement and record detention. ICE has been targeting people at immigration courts in New York, with most impacted not having attorneys. ICE arrests under Trump are up significantly – 158,766 arrests from February through August 2025 compared to 55,383 during that same period in 2024. Staten Island residents – from diverse communities throughout the borough – face removal for various grounds: overstayed visas, criminal convictions, unlawful entry, fraud.

You need Staten Island deportation defense lawyers who know 26 Federal Plaza, who can identify relief Immigration Judges miss, who have won thousands of cases.

Staten Island Removal Proceedings – 26 Federal Plaza

Staten Island deportation cases are heard at Immigration Court, 26 Federal Plaza, Room 1328, New York, NY 10278. This court serves Brooklyn, Queens, Staten Island, Bronx, Manhattan, and parts of Long Island.

Key facts about Staten Island cases at this court:

Volume – One of busiest immigration courts nationally. Tens of thousands of cases pending from Staten Island. Master calendar hearings scheduled months apart. Individual hearings 1-2 years out.

Staten Island Diversity – Staten Island cases reflect borough’s international diversity – Filipino community (largest in borough), Mexican community, Russian and Eastern European communities, Albanian community, Latin American communities, Asian communities.

Multiple Judges – Different immigration judges with different grant rates. Judge assignment matters enormously.

Languages – Interpreters in dozens of languages reflecting Staten Island’s diverse community.

Our Staten Island deportation defense attorneys appear at 26 Federal Plaza weekly. We know the judges, the local procedures, which arguments work with which judges.

The Notice to Appear – How Deportation Begins

Deportation begins with Notice to Appear (NTA). DHS charges you with removability – typically entering without inspection, overstaying visa, criminal conviction. NTA lists charges, hearing date, court location.

Staten Island residents receive NTAs in various ways:

– After ICE arrest at home or workplace

– In mail after denied immigration application

– After criminal conviction

– At ICE check-in

– After expiration of visa

What to do when receiving NTA:

1. Hire deportation defense attorney immediately

2. Appear at all hearings (missing hearing = automatic removal order)

3. Don’t talk to ICE without lawyer present

4. Gather evidence of U.S. ties (family, work, property, community)

5. Identify potential relief from removal

Our Staten Island deportation lawyers provide consultations for NTA recipients. We evaluate defenses, explain court process, appear at all hearings.

Defenses to Deportation for Staten Island Residents

Multiple defenses exist depending on your situation:

Asylum – If you fear persecution in home country based on race, religion, nationality, political opinion, or particular social group. Staten Island Immigration Court hears asylum cases from every country. Must apply within 1 year of arrival unless exception applies.

Cancellation of Removal (Non-LPRs) – For non-permanent residents who’ve been in U.S. 10+ years continuously, have good moral character, have qualifying U.S. citizen or LPR relative (spouse, parent, child) who would suffer exceptional and extremely unusual hardship if you’re removed. Only 4,000 granted nationwide annually. Extremely competitive.

Cancellation of Removal (LPRs) – For lawful permanent residents who’ve had green card 5+ years, resided in U.S. 7+ years, have no aggravated felony. Discretionary – judge weighs positive factors (family, work, rehabilitation) against negative (criminal history).

Adjustment of Status – If you have approved I-130 or I-140 and visa number current, can adjust status before immigration judge. Common for Staten Island residents with U.S. citizen spouses or approved family petitions.

Withholding of Removal – Higher standard than asylum (must prove more likely than not you’ll be persecuted), but no 1-year deadline. Available when asylum time-barred.

CAT Protection – Convention Against Torture protection if you’ll more likely than not be tortured in your country. Available even for people with serious criminal convictions.

Our Staten Island deportation defense attorneys evaluate every possible defense. We identify relief you qualify for, gather evidence, present winning cases to immigration judges.

Criminal Convictions and Staten Island Deportation Cases

Many Staten Island deportation cases involve criminal convictions. Certain convictions make you deportable:

– Aggravated felonies (broadly defined, includes many non-felonies)

– Crimes involving moral turpitude

– Controlled substance violations (even simple possession)

– Firearms offenses

– Domestic violence

– Fraud offenses

Criminal convictions don’t automatically mean deportation. Defenses exist:

Post-Conviction Relief – Vacating conviction, sentence modification, plea withdrawal. If conviction vacated for reasons other than immigration consequences, it may no longer be deportation ground.

Categorical Approach Analysis – Immigration judges apply “categorical approach” to determine if conviction matches immigration definition. Many convictions don’t qualify as aggravated felonies or crimes involving moral turpitude under this analysis.

Waivers – 212(h) waiver for crimes involving moral turpitude (if not aggravated felony). I-601 waiver for other grounds. Requires showing extreme hardship to qualifying U.S. citizen or LPR relative.

Our Staten Island deportation lawyers work with criminal attorneys to pursue post-conviction relief. We analyze convictions under categorical approach. We identify defenses prosecutors miss.

ICE Enforcement in Staten Island – 2025

ICE arrests are up significantly in 2025 – 158,766 arrests from February through August compared to 55,383 during that same period in 2024. Staten Island residents face increased enforcement throughout the borough.

ICE has been targeting people at immigration courts in New York, with incidents of migrants being arrested at or near courthouses, churches, shelters and schools. Immigration advocates filed a class action lawsuit to stop arrests of those who showed up at courthouses for scheduled immigration hearings.

Staten Island immigrant communities throughout the borough – Port Richmond, Stapleton, St. George, New Brighton, South Beach, Tottenville – face this enforcement climate. Community members report ICE presence near courthouses, workplaces, and neighborhoods.

If ICE arrests you:

– Assert your right to remain silent

– Request lawyer immediately

– Do not sign any documents without lawyer present

– Do not answer questions about immigration status, country of birth, or how you entered U.S.

– Contact family member who can hire attorney

Our Staten Island deportation defense attorneys respond to ICE arrests 24/7. We appear at bond hearings. We fight for release from detention.

Bond Hearings – Fighting for Release

If ICE detains you, immigration judge conducts bond hearing considering flight risk and danger to community. Judge sets bond amount (typically $5,000-$25,000+) or denies bond.

If judge denies bond or sets excessive amount, you can appeal to BIA or file habeas corpus in federal court.

Our Staten Island deportation defense attorneys fight for bond release. We present evidence of community ties – family in Staten Island, employment, home ownership, church membership, community involvement – showing you’re not flight risk.

Master Calendar and Individual Hearings

Staten Island deportation proceedings involve two hearing types:

Master Calendar Hearings – Short hearings (5-15 minutes) for scheduling. Judge confirms identity, advises of rights, provides list of free legal services, sets deadlines for applications, schedules individual hearing.

Individual Hearings – Full trial on removability and relief. DHS attorney presents evidence you’re removable. You present evidence of eligibility for relief. Witnesses testify. Documents submitted. Judge issues decision.

Individual hearings are trials. You need experienced deportation defense lawyers who know how to examine witnesses, submit evidence, make legal arguments.

Our Staten Island deportation attorneys try cases regularly. We know how to present asylum claims, cancellation applications, adjustment cases. We know what evidence judges require.

Staten Island Community Immigration Resources

Migration Resource Center (36 Richmond Terrace, St. George) provides immigration legal services including removal proceedings defense. Contact: (646) 609-8805.

MOIA Legal Support Centers (161 Port Richmond Avenue and 221 Port Richmond Avenue) offer free immigration legal help for residents with household income under 200% of Federal Poverty Level. Hotline: 800-354-0365.

Legal Aid Society provides urgent legal services to assist low-income immigrants in defending against deportation through New York Immigrant Family Unity Project (NYIFUP).

Brooklyn Defender Services’ Immigration Practice is a NYIFUP provider specializing in representing people detained while awaiting deportation hearings.

These resources serve individuals who qualify for free services. Complex deportation cases involving criminal history, multiple applications, or appeals often require private counsel with extensive trial experience.

Our Staten Island deportation defense attorneys handle complex cases requiring extensive litigation and trial preparation.

Staten Island Deportation Defense Services We Provide

Immigration Court Representation – Master calendar hearings, individual hearings, bond hearings at 26 Federal Plaza

Applications for Relief – Asylum, cancellation, adjustment, withholding, CAT

Criminal Immigration Defense – Post-conviction relief coordination, categorical approach analysis, waivers

Bond Hearings – Fighting for release from ICE detention

Appeals – BIA appeals of removal orders

Stays of Removal – Emergency stays when deportation imminent

Federal Court Litigation – Habeas corpus petitions, federal appeals

Why Spodek Law Group for Staten Island Deportation Defense

We pride ourselves on having a rock star team of attorneys who have over 50 years of combined experience. We’ve defended thousands of Staten Island residents in deportation proceedings.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey. Our firm has been featured on NY Post, Newsweek, Fox 5, Business Insider, Bloomberg, USA Today, and the New York Times.

We’re available 24/7. Our managing partner, Todd Spodek, is a seasoned attorney – who has many, many, years of experience. Regardless of how complicated your case is – we can help you.

Call Spodek Law Group today. Staten Island deportation defense requires local court knowledge and aggressive advocacy – you need the best Staten Island deportation defense lawyers fighting to keep you in the United States.

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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