Deportation Defense Lawyer in Miami
Deportation defense is the legal representation of people in removal proceedings before the immigration court. If you have received a Notice to Appear (NTA), have a hearing at the Miami Immigration Court, you need an immigration attorney immediately. Godoy Law P.A. handles removal defense, motions to reopen, and appeals to the Board of Immigration Appeals.
What Removal Proceedings Look Like
Removal proceedings begin when the Department of Homeland Security serves a Notice to Appear (NTA) and files it with the immigration court. The NTA lists the charges against you – the reasons DHS says you should be removed from the United States.
Master Calendar Hearing
The first hearing in immigration court is a master calendar hearing. It is short, often grouped with many other cases on the same day. The immigration judge identifies you, confirms the charges, and asks how you plead. Pleading without an attorney can give up defenses you did not know you had. We typically request more time at the first master calendar to identify all available forms of relief.
Individual Hearing
The individual hearing (sometimes called a merits hearing) is the trial. You and any witnesses testify under oath. The government’s attorney cross-examines. Documents and country conditions evidence go in. The judge issues a decision either at the end of the hearing or in writing later.
Forms of Relief from Removal
Most removal cases are won not by disputing the charges but by qualifying for some form of relief. Common relief categories:
Cancellation of Removal for Lawful Permanent Residents
If you have been a green card holder for at least five years and have lived in the U.S. continuously for at least seven years, and have not been convicted of an aggravated felony, you may qualify for LPR cancellation. The judge weighs positive equities (family ties, employment, length of residence, hardship) against negative factors (criminal history, immigration violations).
Cancellation of Removal for Non-LPRs
Non-permanent residents may qualify if they have been physically present in the U.S. for at least 10 years, have good moral character, have not been convicted of certain crimes, and have a qualifying relative (U.S. citizen or LPR spouse, parent, or child) who would suffer exceptional and extremely unusual hardship. The hardship standard is high – the relative must face harm well beyond what is ordinarily expected from a family separation.
Asylum, Withholding of Removal, CAT
If you face persecution or torture in your home country, asylum and related protections may be available even after removal proceedings begin. We file asylum as a defense in removal court the same way we would file it affirmatively with USCIS.
Adjustment of Status
Some people in removal proceedings can apply for a green card during the case. This typically requires a qualifying petitioner (U.S. citizen spouse, parent, or adult child), lawful entry or 245(i) eligibility, and admissibility. The immigration judge has jurisdiction over the adjustment application during removal proceedings.
Voluntary Departure
If no other relief is available, voluntary departure lets you leave the U.S. on your own without a removal order. This matters because a removal order triggers a ten-year bar to reentry; voluntary departure does not. Voluntary departure also preserves the ability to return through proper channels in the future.
Waivers
Waivers (212(h), 212(i), 212(c) in older cases, 237(a)(1)(H), and others) can clear specific grounds of inadmissibility or removability. The waiver application is part of the relief package, not separate from it.
Motions to Reopen and Reconsider
If you already have a removal order, including an in absentia order from a hearing you missed, the case is not necessarily over. We file motions to reopen based on:
- Changed country conditions (for asylum-based relief)
- Lack of notice of the prior hearing
- Ineffective assistance of prior counsel
- New evidence not available before
- Sua sponte authority of the immigration court or BIA
Most motions to reopen have strict deadlines (often 90 days from the order, with exceptions). If you have an old removal order and your circumstances have changed, do not assume the case is closed forever – schedule a consultation.
Appeals to the Board of Immigration Appeals
If the immigration judge denies relief, the next step is an appeal to the Board of Immigration Appeals (BIA). The notice of appeal must be filed within 30 days of the judge’s decision. We handle BIA briefing, including identifying legal errors, factual disputes, and policy arguments that warrant reversal or remand.
If the BIA also denies relief, federal court review (a petition for review at the U.S. Court of Appeals) may be available for legal questions. We refer or partner on federal court cases when appropriate.
Criminal Defense and Immigration Defense Together
A criminal conviction can convert a strong immigration case into a removable one overnight. If you are facing criminal charges and are not a U.S. citizen, the immigration consequences of the disposition matter as much as the criminal consequences. We work with criminal defense attorneys to identify dispositions that avoid mandatory immigration consequences where possible. If you are charged with a crime, do not accept a plea without an immigration consultation.
Meet Our Attorney
Hilmarys Godoy-Villard, Esq.
Hilmarys Godoy-Villard, Esq. is the founding attorney of Godoy Law P.A. in Miami, Florida. She represents clients in family-based immigration, citizenship, deportation defense and asylum cases. She is admitted to the Florida Bar and practices in English, Spanish, and Haitian Creole.
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FAQ
Frequently Asked Questions
What should I do if I just received a Notice to Appear?
Read it carefully and note the hearing date and location, even if no date is listed yet. Do not miss any hearing - failing to appear can result in an in absentia removal order that is difficult (though not always impossible) to reopen. Contact an immigration attorney before the first hearing. Bring the NTA to the consultation.
Can I be deported if I have U.S. citizen children?
Yes. Having U.S. citizen children does not by itself stop a removal case. However, U.S. citizen children can support some forms of relief, particularly cancellation of removal for non-permanent residents if the children would face exceptional and extremely unusual hardship without you. The hardship standard is high, but cases do win on it.
What is the difference between deportation and removal?
They are the same thing. The Immigration and Nationality Act used 'deportation' before 1996 and 'removal' afterward. Most people still say deportation in everyday conversation. In immigration court, the official term is removal.
How long does a removal case take in Miami?
The Miami Immigration Court has one of the longer dockets in the country. From the first master calendar hearing to the individual hearing decision, expect anywhere from one to four years depending on the judge's calendar, the complexity of the relief sought, and any continuances granted. Detained cases move much faster, often resolved within months.
Can I get a work permit during my removal case?
In many cases, yes, depending on the relief you are seeking. Asylum applicants generally qualify for work authorization after the asylum application has been pending for a certain period. Cancellation of removal applicants and adjustment of status applicants often qualify too. We file the work permit application alongside or shortly after the relief application.
What happens if I lose my removal case?
If the immigration judge orders you removed and you do not appeal, ICE may execute the order. If you appeal to the BIA within 30 days, the removal is automatically stayed during the appeal. After the BIA, federal court review may be available. Voluntary departure (if granted) is an alternative that avoids the legal consequences of a removal order.