Deportation / Removal Defense

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.

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.

Articles Posted in Deportation / Removal Defense

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

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