Deportation and Removal Proceedings


The Right to Obtain an Attorney

Deportation and removal proceedings can be very confusing and frightening. Although the process is similar to a criminal trial, removal proceedings are considered civil proceedings, not criminal, and therefore are not subject to the same rules and protections found in criminal trials. Fortunately, persons still have the right to obtain an attorney and can contest whether in fact he or she is removable and if so whether there is any form of relief that will permit him or her to remain in the United States.

Relief from Removal

One of the more common forms of relief from removal are called “waivers.” As the name implies, waivers provide individuals with the ability to avoid (or “waive”) the harsh consequences of certain criminal and/or immigration violations. Waivers can provide persons with the possibility of remaining in the United States despite being subject to grounds of removal and the ability to obtain legal status for those who are otherwise inadmissible or ineligible to enter the United States.

Extensive Experience in Removal Proceedings and Deportation

Courtney McDermed has extensive experience representing persons in removal proceedings including cases involving cancellation of removal/deportation remedies (for lawful permanent residents and non-residents), waivers for criminal convictions, waivers for fraud or misrepresentations, contested removal hearings, motions to suppress, adjustment of status, asylum, withholding of removal, protection under the United Nations Convention Against Torture, humanitarian relief, relief under the Violence Against Women Act (VAWA), abandonment of residency, claims of United States citizenship, family reunification, NACARA, and temporary protected status (TPS). Courtney is also experienced representing persons with their appeal from the immigration court to the Board of Immigration Appeals and to the federal courts.

The Importance of Effective Representation

Because there are numerous forms of relief from removal available and because the eligibility requirements for each are highly fact specific, it is necessary to take the time and discuss the specifics of every case with an immigration lawyer. Immigration court rules can be very strict. Hearings cannot be missed and the judge’s orders must be followed. For this reason, it’s extremely important that individuals in removal proceedings have effective representation.
“Democracy is not the law of the majority but the protection of the minority.
Albert Camus