Colorado Removal Defense Attorneys

Defending Against Removal Proceedings is Possible

For many immigrants and their families, being detained by Immigration and Customs Enforcement (ICE) or threatened with removal (deportation) is frightening. If you or a loved one is arrested for violating U.S. immigration law, you will most likely be dealing with removal (deportation) proceedings. However, the team of professionals at Smith Knudson provides clients and their families with the information and options to make the process of detention and immigration court understandable and manageable.

Detention & Bond

Detention can start in criminal proceedings with an “ICE hold.” Smith Knudson can work with the detained client and family to contact ICE regarding the “hold” and whether it can be lifted.

Whatever the cause of detention by ICE, a client taken into ICE custody on the Western Slope of Colorado is initially held at local county jails until they are taken to the main ICE facility in Aurora, Colorado. 

The first thing every client and family wants to know is whether the client can be released from custody. There are several ways a client can be released including being released without a bond and release upon payment of a bond. Release from ICE custody depends on several factors, including criminal and immigration history, as well as humanitarian and exigent circumstances. Not all persons are eligible for an immigration bond and may have to remain in custody throughout removal proceedings. An experienced immigration attorney at Smith Knudson can advise a client facing detention and bond issues anywhere in the U.S. regarding possible options for being released from custody and, when necessary, can fight for a bond or a bond reduction in immigration court.

Understanding Complex Deportation Proceedings

Removal or deportation proceedings begin when the Department of Homeland Security serves a Notice to Appear on an individual, charging them with being deportable from the United States. If possible, it is essential to receive advice before receiving a Notice to Appear since an attorney’s ability to defend you is greatly improved if you understand your rights.

Once the Notice to Appear has been served, it is even more important to understand what is happening, your rights in the process, and whether you can apply for relief or have a defense to removal from the United States.

Defenses Against Deportation/Removal

Everyone facing possible removal in the Immigration Court can benefit from learning how to fight their case and remain in the United States. Persons must be eligible for a defense against deportation/removal, and the immigration judge must grant their application. Some of the ways a client can fight removal include:

• Challenging the charges on the Notice to Appear
• Motions to Suppress (where the client’s detention was in violation of the law)
• Cancellation of Removal – available to certain lawful permanent residents, certain persons without status, and certain persons who were victims of abuse
• Adjustment of Status
• Waivers
• Asylum, Convention against Torture, Withholding of Removal
• U visas

Voluntary Departure

For many persons, there may not be a way to fight a case, or a client may decide they do not want to fight a removal case for various reasons. Voluntary departure can be a way for a client to end the proceedings and leave the U.S. without being deported and subject to the penalties associated with deportation. Whether a person is eligible for voluntary departure or a judge will grant a person voluntary departure depends on a variety of factors. Smith Knudson can advise you if you are eligible for voluntary departure, and if so, can help you convince the immigration judge that you deserve voluntary departure instead of deportation.

In all matters, the team at Smith Knudson will do its best to make sure that you understand the monetary and emotional realities of your options and work to obtain the result you seek.

Challenging Cases

Anyone can have trouble getting their case approved, regardless of the type. Whether the individual needs a waiver, the case is stuck at a processing center, or the initial application was incomplete, Smith Knudson can help you get your case on track.

Get Trusted Legal Advice for All of Your Immigration Questions

In too many cases, individuals forfeit their rights by not receiving good legal advice, and the results may be extreme. Smith Knudson offers reliable legal advice and defense to foreign nationals on their rights and options before, during, and throughout removal proceedings. Call us today or send us a confidential email to get started.