Deportation / Removal Defense

How a Change in Criminal Law May Favorably Alter the Status of Your Deportation or Removal Case

January 10, 2023 | by Anthony A. Fatemi, LLC

The laws that impact your immigration status are sometimes a complex web traversing multiple areas of law. So, you may wonder, what happens if a criminal statute is amended and that change alters the status of my deportation case? Potentially, that kind of change may be a crucial event in your favor. A knowledgeable Maryland deportation defense lawyer may be able to help you use that change to get your deportation order reversed.

To get an example of how the process unfolds, we can look at the deportation case of D.W., an immigrant from Jamaica. In 1987, he moved to the U.S. and became a permanent resident. He was six years old at that time.

A 2003 run-in with police in Virginia resulted in a conviction for assault and battery of a police officer, obstructing justice, and disorderly conduct. According to the court, all those crimes were the result of D.W.’s resisting an officer who was trying to mace him after the officer had already handcuffed him.

When Threats of Persecution or Torture May Impact Your Deportation Defense in Maryland

September 23, 2022 | by Anthony A. Fatemi, LLC

Countless numbers of people enter this country — some illegally — to escape persecution, torture, and possible death in the country they left behind. For those people, the option may exist to defeat a removal order and remain in this country if they can credibly establish that the threat exists and meets the criteria the law requires. If you find yourself in that position, it’s vitally important to have on your side a knowledgeable Maryland deportation defense lawyer who understands the law in all its intricacies and knows how to make your case.

An example of this sort of deportation defense was the immigration case of a man named Adan. He was a Guatemalan man who had entered the United States illegally (for a second time) in 2018.

Again, Adan faced removal. At that time, he declared his fear that, if he returned to Guatemala, he would face persecution and/or torture at the hands of the gangs who tried to recruit his son and with whom he fought regarding the son.

The Potentially Catastrophic Impact Probation Before Judgment in Maryland Can Have if You’re an Undocumented Immigrant

August 24, 2022 | by Anthony A. Fatemi, LLC

As most lawyers — and a lot of other people who interact with the legal system can tell you — the law has many quirks, peculiarities, and loopholes. Sometimes, those nuances may work to your benefit. Other times, though, they represent potential pitfalls to be avoided. These loopholes represent just one more serious reason why, if you’re a non-citizen facing possible criminal charges here, it pays to have a Maryland attorney on your side who’s familiar with both immigration law and this state’s criminal laws.

A lot of states have something called “probation before judgment” (PBJ). This is when a criminal defendant is placed on probation before a judgment is entered in their case. If that person complies fully with the terms of his/her probation, then no conviction is entered on his/her criminal record.

Delaware has PBJ. Virginia does as well. Maryland also does but, for the unwary non-citizen, Maryland law contains a potentially catastrophic loophole, which some state legislators are seeking to close.

How Defects in the ‘Notice to Appear’ in Your Removal Case Could Be the Key to Success in Your Deportation Defense

July 22, 2022 | by Anthony A. Fatemi, LLC

If you are someone who is in the United States and is undocumented, you know that you may be at risk of “removal,” a/k/a deportation. You should also know that the law has several forms of relief from removal. Your case might make you eligible for “cancellation of removal,” or for “administrative closure,” allowing you to remain in the country. Obtaining these or other forms of relief requires an in-depth knowledge of immigration law and procedure, as the processes are often intricate and complex. That’s why you should retain an experienced Maryland immigration lawyer when you’re facing deportation.

An undocumented Honduran man named Jesús faced that potential reality. In 2014, his wife, who was a United States citizen, filed a Form I-130, known as a “Petition for Alien Relative,” which the federal government approved in November 2015. This is the procedure for obtaining a Green Card for a family member of a U.S. citizen or a lawful permanent resident of the U.S.

If, as Jesús was, you’re already in the U.S. and facing deportation proceedings, then you may also need to pursue what the law calls “administrative closure.” This is a process, used by the Board of Immigration Appeals (BIA) and immigration judges, that effectively suspends your deportation proceeding indefinitely.