Few things can prove to be more troublesome to undocumented immigrants than the prospect of removability. Under immigration law, an immigrant charged with removability can be deported to the country of his origin after the legal proceedings if enough evidence is brought against the defendant. Removal proceedings are a complex matter and require the services of a competent legal team. The presence of legal counsel can mean the difference between deportation and reprieve. There are a few conditions that virtually ensure deportation. If the defendant is found guilty of an aggravated felony, the prospect of deportation is virtually guaranteed. However, some cases have elements that may prevent this from coming to pass. It is essential for the defendant to contract the services of a legal team who is well versed in the complexities of immigration law to stand a decent chance of avoiding deportation.
The narrow escape from deportation of Freddy Villanueva is a classic example of the role that a competent legal team plays in removability proceedings. Villanueva, a native of El Salvador was living in the United States when he was slapped with removability charges. Villanueva sought reprieve from the charge of removability by asking the authorities involved to review an early denial of possible Temporary Protection Status during previous legal proceedings that the defendant went through.
At first, the immigration judge in charge of Villanueva’s case denied him the possibility of petitioning for Temporary Protection Status. The immigration judge based his ruling on the fact that the defendant was convicted of an aggravated felony in 2006. Under the regulations of the Temporary Protection Status, a non-US citizen cannot apply for TPS if he has been convicted of an aggravated felony. In Villanueva’s case, the aggravated felony referred to an altercation that the defendant had on January 2006.
The immigration judge presiding over Villanueva’s removal proceedings found him to be ineligible for TPS and the decision was affirmed by the Board of Immigration Appeals. Villanueva’s legal team contested this ruling with the argument that the BIA was wrong in determining that his 2006 conviction fell under the purview of an aggravated felony. After reviewing the defendant’s appeal, authorities found the BIA’s decision to be erroneous. Consequently, the charge of ineligibility from TPS was lifted.
Immigration cases that deal with the removal proceedings require the knowledge of a capable team of lawyers. If you or someone you know needs legal counsel regarding cases of removability brought about by immigration issues, please contact the immigration attorneys at Lyttle Law Firm in Austin, Texas by visiting our website or calling us today at 512-215-5225.