Deportation Defense Options in Georgia: How to Fight Removal

Deportation Defense Options in Georgia: How to Fight Removal

Receiving a Notice to Appear (NTA) from immigration authorities is terrifying. It means the government has initiated removal proceedings against you and intends to deport you from the United States. But an NTA is not a deportation order. It is the beginning of a legal process in which you have rights, and there are multiple forms of relief that may allow you to remain in the country legally.

J. Lee & Associates Law Group represents individuals in removal proceedings before the Atlanta Immigration Court and the Board of Immigration Appeals.

Understanding Removal Proceedings

Removal proceedings take place before an Immigration Judge (IJ) in the Executive Office for Immigration Review (EOIR). The Atlanta Immigration Court, located at 180 Ted Turner Drive SW, handles cases for immigrants living in Georgia and parts of the Southeast. The process typically involves:

1. Master calendar hearing: An initial appearance where the judge reviews the charges, you enter a plea (admit or deny the allegations), and designate your country of removal
2. Individual (merits) hearing: A full evidentiary hearing where you present your case for relief from removal, including testimony, documentation, and expert witnesses
3. Judge's decision: The IJ grants or denies relief. Either party can appeal to the Board of Immigration Appeals (BIA)

Forms of Relief from Removal

Asylum (INA § 208)

If you have suffered persecution or have a well-founded fear of persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum. You must file Form I-589 within one year of your last arrival in the United States, although exceptions exist for changed or extraordinary circumstances.

Withholding of Removal (INA § 241(b)(3))

If you cannot meet the one-year filing deadline for asylum, you may still be eligible for withholding of removal. The standard is higher; you must show a "clear probability" (more likely than not) that you would face persecution. Withholding does not lead to a green card, but it prevents deportation to the country of persecution.

Convention Against Torture (CAT) Protection

Under Article 3 of the Convention Against Torture, you cannot be removed to a country where you would more likely than not face torture by or with the acquiescence of the government. CAT protection is available regardless of criminal history and regardless of whether you meet the asylum or withholding standards.

Cancellation of Removal

Under INA § 240A, there are two forms of cancellation:

• For lawful permanent residents (LPRs): You must have been a lawful permanent resident for at least 5 years, have resided continuously in the U.S. for 7 years after admission, and have not been convicted of an aggravated felony
• For non-LPRs (10-year cancellation): You must have been physically present in the U.S. for at least 10 years, demonstrate good moral character, and show that removal would cause "exceptional and extremely unusual hardship" to a qualifying U.S. citizen or LPR relative (spouse, parent, or child)

Adjustment of Status

If you have an approved immigrant visa petition (I-130 or I-140) and a visa number is available, you may be able to adjust status to lawful permanent residence during removal proceedings. The immigration judge has jurisdiction to grant adjustment under INA § 245.

Voluntary Departure (INA § 240B)

If you are not eligible for other forms of relief, voluntary departure allows you to leave the United States on your own terms within a specified period (typically 60 to 120 days). This avoids a formal removal order on your record, which carries a 5 or 10-year bar to reentry and potential criminal penalties for illegal reentry.

U Visa / T Visa

If you are a victim of a qualifying crime (U visa) or human trafficking (T visa), you may be able to obtain relief even during removal proceedings. The immigration judge can administratively close or terminate proceedings while your visa application is pending with USCIS.

Bond Hearings

If you are detained by ICE during removal proceedings, you may request a bond hearing before the immigration judge. Under INA § 236(a), the judge can set bond at a minimum of $1,500 if you demonstrate that you are not a flight risk and not a danger to the community. Certain categories of detainees, including those with aggravated felony convictions, may be subject to mandatory detention without bond under INA § 236(c).

Appeals

If the immigration judge denies your relief, you can appeal to the Board of Immigration Appeals (BIA) within 30 days. If the BIA affirms the denial, you can petition the U.S. Court of Appeals for the Eleventh Circuit for review. Each appeal level has strict filing deadlines that must be met.

Contact a Georgia Deportation Defense Attorney

Do not face removal proceedings alone. J. Lee & Associates Law Group provides experienced deportation defense representation. Call (770) 609-9396. Se habla español.