May 02

Deportation Defense: You May Not Be Removable as Charged

If you are an undocumented resident, you have more legal challenges when it comes to avoiding removal, but you can still get the the court system to work for you. There are defenses that you can use to win your case (or at least buy some time), One of which is denying that you can be removed as charged.

Early in the removal process you will have a hearing during which the government will provide allegations and evidence to justify your removal. Then a judge will ask that you admit or deny the allegations, and whether you want to contest the charges. As a rule you should deny any allegations and contest your removal. Conceding anything makes the government’s job easier. It is important for you to know that you should not lie to the judge. If it is discovered that you have, you will almost certainly not be able to file for relief from removal; and any other attempts to fight removal will be tainted by your dishonesty.

Undocumented aliens are usually removable, but there are ways to challenge the allegations. For instance, sometimes the government screws up the paperwork showing why you should be removed. It sounds unrealistic, but it’s been used as a viable defense.

As always, to get the most out of the legal system, you must have a competent and experienced attorney at your side.

NOTE: the content on this site does not constitute legal advice. You should always contact an attorney directly for legal guidance.