New York City Deportation and Removal Defense Attorney

Deportation and removal defense attorney Cheryl R. David can help you or your loved one with waivers and criminal issues. The threat of removal can come up suddenly in families when a loved one is out of status or arrested on a criminal charge. Sometimes it’s even hard to find out what happened or how to locate someone in immigration detention. That is why it is important to seek experienced legal counsel. At the Law Office of Cheryl R. David, our New York City deportation and removal defense attorney is prepared to tackle complex removal cases in the detained setting. Contact our firm for a consultation today.

What to Do Immediately If a Loved One Is Detained by ICE

The unexpected detention of a family member by U.S. Immigration and Customs Enforcement (ICE) can be disorienting, frightening, and emotionally overwhelming. In many cases, families are left scrambling to understand where their loved one has been taken, what rights they have, and what steps to take next. At the Law Office of Cheryl R. David, we understand how urgent and confusing this situation can be, which is why we encourage families to act quickly and with guidance.

If your loved one has been detained, the first and most important step is to gather as much information as you can. Try to confirm your family member’s full name as it appears on official identification, their date of birth, and, if known, their alien registration number (also called an A-number). This information is critical for locating them within the immigration detention system.

You may be able to locate your loved one through the ICE Online Detainee Locator System. However, the system does not always update in real time, and there are times when individuals are transferred between facilities with little or no notice. If you’re having difficulty locating a family member, our firm can assist you in determining their whereabouts and current detention status.

It’s important not to panic or make decisions without legal guidance. Detainees are sometimes pressured into signing documents or waiving their rights without understanding the consequences. Until you speak with an immigration defense attorney, your loved one should avoid signing anything related to removal, deportation, or voluntary departure. These documents may seem like shortcuts, but they often lead to long-term consequences that could have been avoided with proper legal counsel.

Do not assume that detention automatically means removal. In many cases, individuals in ICE custody may be eligible for release on bond, or may have valid legal defenses that can prevent deportation altogether. The sooner you act, the better the chance we have of helping your loved one exercise their rights and build a strategy for staying in the United States.

If someone you care about has been detained and you’re unsure of what to do next, contact our office. We can help you take the first steps toward understanding what happened—and more importantly, what can be done about it.

Common Defenses to Deportation and Removal

Facing deportation or removal from the United States is an intimidating experience that raises urgent questions about the future—questions about where you will live, whether you’ll be able to return, and how your family will be affected. Fortunately, removal proceedings are not always the end of the road. Many individuals have legal grounds to remain in the U.S., and in some cases, those grounds may be stronger than they realize.

At the Law Office of Cheryl R. David, our attorneys are well-versed in the many types of defenses that may be available in removal proceedings. Each case is different, but below are some of the most common forms of relief that may apply, depending on your circumstances.

• Cancellation of Removal may be available to individuals who have maintained long-term residence in the United States, have strong family and community ties, and can show that their removal would cause exceptional hardship to a U.S. citizen or permanent resident spouse, parent, or child. For lawful permanent residents (green card holders), there is a separate standard that applies based on the nature of any criminal convictions and time spent in the U.S.
• Asylum, Withholding of Removal, and Protection Under the Convention Against Torture (CAT) may be available to individuals who fear returning to their home country due to persecution, violence, or torture. These forms of protection are complex and require detailed documentation, but they are essential avenues for many facing threats to their safety abroad.
• Adjustment of Status may be an option for individuals who are otherwise eligible to become lawful permanent residents through a qualifying family member or employer, but who are now facing removal. While removal proceedings can complicate the adjustment process, they do not automatically disqualify someone from pursuing residency.
• U-visas and T-visas are available to victims of certain crimes (U-visas) and trafficking (T-visas) who have cooperated with law enforcement. These visas offer not only protection from removal, but also a pathway to permanent residency in the future.
• Prosecutorial Discretion may be granted in cases where an individual poses no threat to public safety and has compelling humanitarian factors, such as a U.S. citizen spouse or children, medical conditions, or community involvement. In some cases, the government may agree to close or delay removal proceedings, allowing families to remain together while other legal options are pursued.

If you or a loved one is in removal proceedings, don’t assume that all hope is lost. Reach out to deportation and removal defense attorney to learn what options may be available to protect your future in the United States.

Helping Find Solutions to a Wide Range of Detention Problems

Our law firm helps immigrant families find solutions to such problems as the following:

• Locating family members who might be held in immigration detention
• Finding out whether they might be transferred to other states
• Determining whether your loved one will be eligible for bail or conditional release from a local jail or immigration detention
• Learning whether your loved one can receive visitors, phone calls, or mail
• Making sure that your family member receives sound legal advice if he or she is facing criminal charges

Our law firm can advise you about your rights in immigration detention proceedings if your loved one is out of status on a student or work visa, facing criminal charges, or at risk of removal as an illegal immigrant based on inadmissibility, removability, or illegal entry.

The Experienced Representation You Need

Our attorneys regularly handle removal cases and are familiar with court procedures. If it appears that deportation proceedings can’t be avoided, we will work hard to find the grounds to support your continued residence in the U.S., or at least attempt to protect your right to apply for re-entry at a later date.

New York immigration lawyer Cheryl David teaches and lectures on immigration law issues all over the world. She previously chaired both the national Executive Office for Immigration Review (EOIR) Committee and Immigration & Customs Enforcement (ICE) Committee on behalf of the American Immigration Lawyers Association. Her advice about what to do if a loved one is detained can help you find ways to keep your family together while looking for solutions to criminal defense problems or removal proceedings.

Contact an NYC Deportation & Removal Defense Attorney

Before you can think about your options for resolving possible deportation or removal problems, you need to find out just what happened if a loved one has been detained by ICE. To learn about your options in cases of immigration detention, contact the Law Office of Cheryl R. David in New York.