Advogado de Defesa de Deportação

Deportation defense (also known as removal defense) is the legal process of fighting against deportation or removal from the United States in Immigration Court. An experienced deportation defense lawyer analyzes your immigration history, identifies legal relief options (such as Cancellation of Removal or Asylum), files motions, prepares documentary evidence, and represents you at formal hearings before an Immigration Judge to defend against your removal.

Receiving a Notice to Appear (Form I-862) means the U.S. government has officially initiated deportation proceedings against you. You must take the following steps immediately:

• Review the charges: Check the factual allegations and legal grounds for removal listed on the document.
• Note your hearing details: Identify the court location, date, and time of your scheduled Master Calendar Hearing.

Consult an attorney immediately: Do not ignore an NTA. Failing to appear will result in an automatic in absentia order of removal (deportation order issued in your absence).

Depending on your legal status, criminal record, and time spent in the U.S., several forms of relief may protect you from deportation:

• Cancellation of Removal: Available to both Lawful Permanent Residents (LPRs) and non-permanent residents who meet specific residence and hardship criteria.
• Asylum, Withholding of Removal, or CAT Protection: For individuals who have experienced and/or fear persecution or torture in their home country.
• Adjustment of Status: Obtaining a Green Card through a qualifying family member or employer while in Immigration Court.
• Immigration Waivers (e.g., Form I-212 / Form I-601): Waiving certain grounds of inadmissibility or prior deportations.

Voluntary Departure: Allowing you to leave the U.S. on your own terms to avoid the harsh legal penalties of a formal deportation order.

Yes. Attorney Tina Genovese-Muñoz has experience in filing Motions to Reopen or Motions to Reconsider prior removal orders. A deportation case can often be reopened if:

• You never received proper notice of your Immigration Court hearing (In Absentia Order).
• You experienced changed country conditions in your home country that make it unsafe to return.
• You became eligible for new immigration relief (such as a marriage to a U.S. citizen or a U visa).

Your prior legal representation was ineffective (Ineffective Assistance of Counsel).

• Master Calendar Hearing: A short, preliminary procedural hearing where the Immigration Judge reviews the charges in your NTA, schedules deadlines, and records the forms of relief you plan to apply for.
• Individual (Merits) Hearing: A full, formal trial where you, your attorney, and witnesses testify. Your lawyer presents evidence, cross-examines government witnesses, and argues your case before the judge to obtain a final ruling.

Yes, depending on the nature and severity of the crime. Certain criminal convictions make a non-citizen deportable or inadmissible, but legal remedies exist. Options like 212(h) Waivers, Cancellation of Removal for LPRs, or post-conviction relief in state court can help mitigate criminal grounds of removability. A detailed review of your conviction records by a deportation attorney is required to determine eligibility.

Attorney Tina Genovese-Muñoz brings a distinct advantage to the courtroom as a former USCIS Asylum Officer. Her inside knowledge of Department of Homeland Security (DHS) procedures, evidence evaluation standards, and credibility assessments allows our firm to build aggressive, tailored defense strategies that withstand government scrutiny in Immigration Court.