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Deportation Defense
Your American Dream Shouldn’t Have an Expiration Date.
Deportation Defense Attorney based in New York City and serving all 50 States.
Facing deportation can be overwhelming, but it is important to know that you have rights and legal options. Removal proceedings are serious, and taking a proactive approach can make a meaningful difference in the outcome of a case.
At Jessop Law Firm, LLC, led by Attorney Eliot Jessop, a defense deportation attorney in New York City, can help you understand the charges against you, identify possible forms of relief, and build a strong defense. Deportation cases move quickly and involve strict rules, which is why early legal guidance is critical.
If you or a loved one is facing deportation, you do not have to go through the process alone. Legal representation can help protect your rights and ensure your case is presented clearly and effectively before immigration authorities.
A confidential consultation with Jessop Law Firm, LLC can help you understand your options and determine the best path forward based on your specific situation.
Deportation Affects Thousands of People Each Year
Deportation can have a serious and lasting impact on individuals, families, and communities. Facing removal from the United States is stressful and uncertain—and it is more common than many people realize.
According to data from U.S. Immigration and Customs Enforcement, approximately 10 000 people are deported each year. Immigration authorities regularly initiate removal proceedings, but they do not have the final say in every case.
Anyone placed in deportation proceedings has the right to present a defense and seek available forms of immigration relief. Outcomes depend on the facts of each case, the evidence presented, and how the case is handled in Immigration Court.
Because deportation cases move quickly and involve strict deadlines, taking action early is critical. Understanding your rights and options can make a meaningful difference.
What to Do If You Receive a Notice to Appear (NTA)?
A Notice to Appear (NTA) is the document that starts a removal proceeding (deportation case) in Immigration Court. It lists the government’s allegations and tells you when and where to appear before an immigration judge. Receiving an NTA can feel overwhelming, but taking the right steps quickly can protect your rights.
Step 1. Stay calm and read the entire NTA
Review the NTA carefully. It typically includes the allegations, the legal charges, and information about your hearing. Make sure your name, address, and other details are accurate.
Step 2. Do not miss your court date!
If you fail to appear, the judge may issue an in-absentia removal order (a deportation order entered without you present). This can make your situation much harder to fix later.
Step 3. Contact a deportation defense attorney
Removal proceedings move fast and involve strict rules. Our immigration lawyers can explain the charges, evaluate potential defenses, and identify possible forms of relief.
Step 4. Update your address with the Immigration Court and DHS.
If you move, please ensure that the Immigration and DHS have the correct address. Missing notices because your address is outdated can lead to a missed hearing and serious consequences.
Step 5. Start gathering documents that support your defense.
Begin collecting records that may help your case, such as proof of lawful entry or status, immigration filings, family and community ties, employment history, medical records, police/court records (if any), and character letters.
Step 6. Prepare a strategy for court
With your attorney, you’ll prepare responses to the allegations and determine what relief you may qualify for (such as asylum, cancellation of removal, adjustment of status, or other options). Court preparation often includes evidence gathering, witness planning, and reviewing what to expect at hearings.
Common Deportation Defenses and Immigration Relief Options
Defending against deportation requires more than simply asking to stay in the United States. Immigration law provides specific forms of relief, and a successful defense depends on identifying the right option and supporting it with strong evidence.
Below are some of the most common deportation defenses available in New York City Immigration Court.
Asylum
Asylum is available to people who have suffered persecution—or fear future persecution—in their home country based on race, religion, nationality, political opinion, or membership in a particular social group.
A successful asylum claim can provide protection from deportation and lead to permanent immigration benefits.
Adjustment of Status
Adjustment of status allows certain individuals who are already in the United States to apply for lawful permanent residence (a green card) without leaving the country.
Eligibility often depends on family relationships, employment-based petitions, or humanitarian status. If approved, adjustment of status can stop deportation proceedings.
Cancellation of Removal
Cancellation of removal is a form of relief available to certain non-citizens in removal proceedings.
There are two types of cancellation of removal.
One is for lawful permanent resident known as 42A and the other is for non-lawful permanent residents known as 42B.
To qualify, an applicant must meet strict requirements, which may include:
- Continuous physical presence in the United States for a required period
- Good moral character
- Showing that deportation would cause exceptional and extremely unusual
hardship to a qualifying U.S. citizen or lawful permanent resident family member
If granted, cancellation of removal allows the person to remain in the U.S. and obtain lawful status.
| CATEGORY | 42A CANCELLATION OF REMOVAL | 42B CANCELLATION OF REMOVAL |
|---|---|---|
| WHO IT APPLIES TO | Lawful PermanentResidents (green card holders) | Non–lawful permanent residents |
| STATUTORY CITATION | INA § 240A(a) | INA § 240A(b) |
| IMMIGRATION STATUS REQUIRED | Must already have a green card | No green card required |
| TIME AS LPR | At least 5 years as a lawful permanent resident | Not applicable |
| TIME IN THE U.S. | At least 7 years of continuous residence after lawful admission | At least 10 years of continuous physical presence |
| CRIMINAL BARS | No aggravated felony conviction | No aggravated felony and no disqualifying offenses |
| HARDSHIP REQUIREMENT | No hardship showing required | Must prove exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent, or child |
| STOP-TIME RULE APPLIES? | Yes | Yes |
| DISCRETIONARY RELIEF? | Yes — judge weighs positives and negatives | Yes — very high discretion |
| ANNUAL CAP | No numerical cap | Limited to 4,000 approvals per year nationwide |
| IF APPROVED | Person keeps their green card | Person receives lawful permanent resident status |
| IF DENIED | Removal may be ordered | Removal may be ordered |
What Is Deportation Defense?
Deportation defense is the legal process of protecting a person from being removed from the United States for an alleged violation of immigration law. It applies to individuals who are placed in removal proceedings and are required to appear before an immigration judge.
A New York deportation defense attorney helps clients understand the charges against them, explains their rights, and identifies possible defenses or forms of immigration relief. This may include applying for asylum, adjustment of status, cancellation of removal, or other legal options available under U.S. immigration law.
The primary goal of deportation defense is to stop removal or, when possible, help the individual remain lawfully in the United States. Because immigration court cases involve strict rules and deadlines, early legal guidance can be critical.
Can a Person Be Deported Even if They Have a Green Card?
Yes, in some situations, a person can be deported even if they have a green card. While lawful permanent resident status allows someone to live and work in the United States, it does not provide the same level of protection as U.S. citizenship.
Green card holders may be placed in removal proceedings for reasons such as:
- Certain criminal convictions
- Immigration fraud or misrepresentation
- Violations of immigration status
- Extended time spent outside the United States
U.S. citizens generally cannot be deported, but lawful permanent residents can face serious immigration consequences if they are accused of violating immigration or criminal laws. Because the consequences can be severe, green card holders should seek legal guidance as soon as possible if they are facing criminal charges or believe they may be at risk of deportation.
What Crimes Can Lead to Deportation?
Immigration consequences depend on how the offense is classified under immigration law, not just how it is labeled in criminal court. A plea that seems minor in criminal court can still trigger deportation.
If you are not a U.S. citizen and are facing criminal charges—or have a past conviction—it is critical to speak with an immigration attorney before taking action.
Certain criminal convictions can place a non-U.S. citizen—including a green card holder—at risk of deportation. Immigration law treats some offenses as especially serious, even if the criminal penalty seems minor.
Crimes that commonly trigger deportation include:
Aggravated Felonies
- Drug trafficking
- Certain theft or fraud offenses with a sentence of one year or more
- Crimes of violence with a qualifying sentence
- Sexual abuse of a minor
Crimes Involving Moral Turpitude (CIMTs)
These generally involve conduct considered dishonest or morally wrong, such as:
- Fraud
- Theft
- Certain assault offenses
- Crimes involving intent to harm or deceive
A single CIMT—or multiple CIMTs—can trigger deportation depending on timing and
sentencing.
Drug-Related Offenses
Many drug crimes can lead to removal, including:
- Drug possession (in some cases)
- Drug distribution or sale
- Drug trafficking offenses
Even minor drug convictions can have serious immigration consequences.
Firearms and Weapons Offenses
Convictions involving illegal possession, use, or trafficking of firearms or certain weapons can result in deportation.
Domestic Violence and Related Offenses
Certain convictions involving:
- Domestic violence,
- Child abuse or neglect, or
- Violation of a protection order can place a non-citizen at risk of removal.
What Happens If You Ignore a Notice to Appear in Immigration Court?
Ignoring deportation papers is one of the most serious mistakes a person can make in an immigration case. Deportation papers are usually issued as a Notice to Appear (NTA), which orders you to appear before an immigration judge.
If you fail to respond to the NTA or do not show up for your immigration court hearing, the judge may issue an in-absentia removal order. This means the case is decided without you present, and deportation is often ordered automatically.
Ignoring an NTA can result in:
- A removal order issued without your side being heard
- Loss of the opportunity to apply for immigration relief
- Increased difficulty reopening the case later
Even if you believe the notice was sent in error or you feel overwhelmed, it is critical to take action. Appearing in court preserves your right to defend yourself and seek available forms of relief.
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With a commitment to personalized legal representation, our team focuses on providing clear, practical guidance at every stage of a deportation case. We take a proactive approach and work closely with each client to protect their rights and future.
A New York deportation defense attorney at Jessop Law Firm, LLC, led by Attorney Eliot Jessop, we can help by:
- Listening carefully to your story and explaining your legal options
- Identifying all possible defenses to removal
- Helping gather and organize important documents, records, and evidence
- Taking timely action to protect you and your family
Deportation cases are time-sensitive and highly fact-specific. Having attentive, solution-focused legal support can make a meaningful difference.
If you or a loved one is facing deportation, contact Jessop Law Firm, LLC to schedule a confidential consultation and get clear guidance on your options and next steps.