Deportation Defense Attorneys In Miami, Florida

Last updated on April 24, 2025

Being retained by U.S. Immigration and Customs Enforcement (ICE) is terrifying. Our professional team of immigration lawyers defends clients against deportation proceedings and what is now called the “removal process.” Attorney Claudia Canizares founded the firm to protect her clients’ American dreams. At the Canizares Law Group, LLC, in Miami, our deportation defense lawyers are passionate about defending clients who are facing deportation in removal proceedings, and they will fight to protect your rights.

Your American dream begins here — call 305-686-3187 now or send us a message for your consultation.

What Triggers A Removal Proceeding?

For those who are in the country without the proper paperwork, there are several reasons why they could find themselves facing deportation, including allegations of:

• Illegally entering the country
• Overstaying a visa or work permit
• Violating the status of your original visa
• Committing a criminal offense
• Threatening national security

Our legal team will work with you to understand your case and situation and develop a legal strategy, including a possible stay of removal.

Removal Proceedings And The Process Of Deportation

In the United States, the Department of Homeland Security (DHS) oversees immigration services. The federal agency in charge of enforcing U.S. immigration laws is U.S. Immigration and Customs Enforcement (ICE), and its mission is to protect the citizens of the United States by arresting and removing those who threaten the safety and security of American communities and the integrity of U.S. immigration laws. However, regardless of your immigration status, if you are detained by ICE, then you have the right to hire an attorney. You also have the right to have your lawyer present at any hearing. Our deportation defense lawyers can also help you file a request for an immigration bond.

The removal process follows a structured timeline with specific legal procedures and opportunities for defense. The process typically begins when ICE issues a Notice to Appear (NTA), which formally initiates removal proceedings. This document outlines the alleged immigration violations and instructs you to appear before an immigration judge on a specified date.

Your first court appearance will be a Master Calendar Hearing. During this procedural hearing, the immigration judge explains the charges against you and informs you of your legal rights. You will respond to the allegations by either admitting or denying them and indicate what defenses or relief you intend to pursue. Multiple master calendar hearings may be scheduled depending on the complexity of your case.
If you contest your deportation, the court will schedule an Individual Merits Hearing. This more formal proceeding functions similarly to a trial, where both sides present evidence and testimony. You may bring witnesses to testify on your behalf and will have the opportunity to explain your situation directly to the judge. Our attorneys meticulously prepare clients for these hearings, gathering supporting documentation and developing compelling legal arguments.

After considering all evidence, the immigration judge will issue a decision either granting relief from removal or ordering deportation. If the decision is unfavorable, you generally have 30 days to file an appeal with the Board of Immigration Appeals. During the appeal process, deportation is typically stayed.
Throughout removal proceedings, you may be detained or released on bond depending on factors such as flight risk, community ties and criminal history. If detained, we can request a bond redetermination hearing to seek your release. Additionally, in certain cases where conventional relief isn’t available, we may pursue prosecutorial discretion, requesting that immigration authorities exercise favorable judgment based on humanitarian factors, family connections or community contributions.

The entire process can extend from several months to several years, depending on case complexity and court backlogs. Having representation from our experienced Miami deportation defense attorneys significantly improves your chances of remaining in the United States. Our legal team at Canizares Law Group, LLC, provides strategic guidance and aggressive advocacy throughout every stage of removal proceedings.

Ways To Fight Your Deportation

If you or a loved one has received a Notice to Appear (NTA) from immigration authorities, you have legal options to defend against deportation. With the right legal strategy, many immigrants successfully overcome removal proceedings and continue their lives in the United States. Our deportation defense attorneys can assess your specific situation and determine which options might work best for your case.

Several effective legal defenses may help you fight deportation proceedings:

• Cancellation of removal: This relief option may be available to lawful permanent residents who have lived in the U.S. for at least seven years or non-permanent residents who have maintained continuous presence for at least ten years and can demonstrate exceptional hardship to qualifying U.S. citizens or permanent resident family members
• Asylum: If you face persecution in your home country based on your race, religion, nationality, political opinion or membership in a particular social group, you may qualify for asylum protection in the United States
• Adjustment of status: If you have a qualifying family relationship with a U.S. citizen or lawful permanent resident, you might be eligible to obtain a green card even while in removal proceedings
• Waivers: Certain immigration violations or criminal convictions may be forgiven through various waiver applications if you can demonstrate rehabilitation or family hardship
• Prosecutorial discretion: In some cases, immigration authorities may choose not to pursue deportation based on factors such as your length of residence, family ties or community contributions
• Withholding of removal: Similar to asylum but with a higher burden of proof, this option prevents deportation to a country where you face a clear probability of persecution
• Temporary Protected Status: Nationals of designated countries experiencing armed conflict or natural disasters may receive temporary protection from deportation

The deportation process includes multiple hearings and opportunities to present your case. Having experienced legal representation significantly improves your chances of success. At Canizares Law Group, LLC, our Miami deportation defense attorneys thoroughly analyze each client’s immigration history, family situation, and potential relief options to develop the strongest possible defense strategy.

Frequently Asked Questions About Deportation Defense

If you have questions about removal proceedings, you’re not alone. Read on for general guidance regarding common questions. Make sure to contact us for advice on your situation.

What happens in removal proceedings?

During removal proceedings, an administrative judge will review your rights and the grounds for removal. You’ll have the opportunity to request bond (bail) to get out of detention during proceedings.

In preparation for the removal hearing, you’ll be able to collect evidence such as documentation and witnesses. At the removal hearing, the government’s immigration attorney will present their case for why you should be deported under federal immigration law. You will have the opportunity to present a defense, including evidence and witness testimony.

Having a lawyer at all stages of the removal proceedings can greatly help your chances of a favorable outcome.

Can I apply for a green card while in removal proceedings?

Yes, assuming that you meet the eligibility criteria for a green card. You can apply for “adjustment of status,” which is the process for getting a green card while remaining in the United States. Our attorneys can let you know if you qualify.

What is an immigration hold?

If you’re in jail for a crime, an immigration hold refers to the ability of ICE agents to request that the jail hold you for up to 48 hours after you’d otherwise be released. This gives them time to transfer you into immigration custody. The 48 hours doesn’t include holidays or weekends.

You may be able to challenge an immigration hold, but doing so requires swift action. Our lawyers can help.

Our Data Privacy Promise

Our team at Canizares Law Group, LLC, is committed to ensuring that the collection and processing of personal data through our website complies with the General Data Protection Regulations (GDPRs) and the Data Protection Act. To know and exercise your rights, particularly concerning the withdrawal of consent to our use of collected data, please consult our privacy policy.

 

Are You Facing Deportation? Call Our Immigration Attorneys For Deportation Defense. Our lawyers create solid defense strategies for our clients facing deportation or removal hearings. At our firm, we offer consultation appointments in person, over the phone or on video chat. We also accept credit cards. Call us today at 305-686-3187 or send us an email using our form to schedule your appointment today. Se habla español.