Deportation Lawyer

The deportation lawyers at Jorge Munoz Law Firm specialize in protecting immigrants in immigration court by providing strong, effective removal defense. Anyone facing removal proceedings needs a dedicated, experienced deportation lawyer representing their best interests.
We understand that removal proceedings, also known as deportation proceedings, can be incredibly stressful and challenging for individuals facing the risk of being removed from the country. Our team of experienced deportation lawyers in Charleston are here to provide expert legal representation and guidance to immigrants in removal proceedings. Our goal is to protect your rights and to help you navigate the complex immigration system.
Table of Contents
Key Highlights of Our Deportation Lawyer Services:
- Legal Representation in Immigration Court – Our skilled deportation lawyers have extensive experience representing clients in immigration court during removal proceedings. We will advocate on your behalf, presenting a strong legal defense to challenge the grounds for your removal and explore all available options for relief, such as asylum, cancellation of removal, waivers, and other forms of relief.
- Comprehensive Case Assessment – We will conduct a thorough review of your immigration case, including evaluating the basis for your removal, finding any possible defenses or forms of relief, and gathering all relevant evidence to build a strong case in your favor. Our attorneys will work closely with you to understand your individual circumstances and develop a personalized strategy to achieve the best possible outcome.
- Immigration Court Litigation – Our experienced attorneys are skilled litigators and will aggressively represent you in immigration court. We will prepare all necessary legal documents, submit motions and applications, and present compelling arguments in court to challenge the government’s case for your removal. We will also cross-examine witnesses, present evidence, and make persuasive legal arguments to protect your rights and seek relief from removal.
- Appeals and Review of Immigration Court Decisions – If your case does not have a favorable outcome in immigration court, our attorneys can help with appeals and review of immigration court decisions. We will carefully analyze the legal issues involved in your case and explore all available options for challenging adverse decisions, including filing appeals with the Board of Immigration Appeals (BIA), seeking review in federal courts, and pursuing other avenues for relief.
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Common Removal Defenses
Your attorney will explore any genuine, legal avenue to fight your removal from the country.
Some common defenses that people have used include the following:
- Asylum
- Protection under the Convention Against Torture
- Prosecutorial Discretion
- Withholding of Removal
- U Visas
- VAWA Cancellation of Removal

Asylum
While there are three ways of obtaining asylum in the U.S., two of them may be able to be used for removal defense:
- Asylum after a positive Credible Fear Screening
- Defensive asylum processing with the Executive Office for Immigration Review (EOIR)
If you are in removal proceedings and you explain that you plan to apply for asylum, an officer will conduct an interview and a Credible Fear Screening. They will try to figure out if you have a genuine reason to fear returning to your country of citizenship. If you have a well-founded fear of persecution due to your race, religion, nationality, membership in a social group, or political opinions, you may qualify for asylum.
If you are found ineligible for asylum based on these factors, and you are referred to an immigration judge, you may still qualify for defensive asylum processing. You can usually only apply for defensive asylum processing if you are already in removal proceedings in immigration court after the end of an affirmative asylum process or if you are in removal proceedings because you were apprehended without legal documents or in violation of your immigration status.
If granted asylum, you could apply for a work permit and possibly even lawful permanent resident status eventually.
Protection under the Convention Against Torture
Even if you don’t qualify for asylum, if you can show that you have a credible fear of torture for any reason during a Credible Fear Screening, you may still have a valid removal defense.
This is different from asylum because the reason you would be in danger is irrelevant. You only need to prove that it is more likely than not that you would be tortured if you were deported.
Through this option, you typically can’t get a green card or travel internationally, but you could get permission to stay and even work in the United States.
Prosecutorial Discretion
There are no specific rules about who is eligible for prosecutorial discretion, but it’s extremely difficult to get. This option is not a true immigration status. You wouldn’t have the legal benefits other immigrants receive, but you might be granted a work permit eventually and a temporary relief from deportation.
You should never try to request prosecutorial discretion on your own.
Withholding of Removal
If certain statutory bars to asylum apply to you, you may be able to apply for withholding of removal if you can show that is it more likely than not that you would be persecuted in your home country.
It’s more difficult to prove cause for withholding of removal than it is to prove cause for asylum, but if you can’t qualify for asylum due to certain past actions or other bars, a withholding of removal may still be better than a removal order.
U Visas for Removal Defense
U nonimmigrant status is commonly called a “U visa” and is typically considered an affirmative immigration benefit.
Noncitizens who have been victims of certain crimes might be able to use this nonimmigrant status as a removal defense. People who have been victims of certain crimes may be eligible for this special status if they meet certain eligibility requirements.
VAWA Cancellation of Removal
If your parent or spouse is a U.S. citizen or lawful permanent resident and they abused you or your child, you may qualify for cancellation of removal under the Violence Against Women Act (VAWA).
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Deportation Lawyer Requirements
As an immigration law firm specializing in removal defense, the specific requirements for our services may vary depending on the individual circumstances of each case.
However, some general requirements for our deportation services may include:
- Immigration Court Proceedings – Our services are typically tailored for individuals who are currently in removal proceedings in the United States. This may include individuals who have been issued a Notice to Appear (NTA) by the Department of Homeland Security (DHS) and are scheduled to appear in immigration court for removal proceedings.
- Need for Legal Representation – Our services are designed for individuals who are seeking legal representation in immigration court. This may include individuals who are facing the risk of deportation or removal and require expert legal guidance and advocacy to protect their rights and seek relief from removal.

- Immigration Legal Status – Our removal defense services may be available to individuals with various immigration legal statuses, including undocumented immigrants, individuals with expired visas, individuals with pending immigration applications, and individuals with a history of immigration violations.
- Genuine Immigration Case – Our services are intended for individuals with genuine immigration cases who are looking to challenge the grounds for their removal or pursue relief from removal through available legal avenues, such as asylum, cancellation of removal, waivers, or other forms of relief.
- Willingness to Engage in the Legal Process – Our services require clients to actively engage in the legal process, provide accurate and complete information to our attorneys, and be willing to take part in the preparation of their defense, including attending court hearings, providing necessary documents and evidence, and following legal advice provided by our attorneys.
- Ability to Pay for Legal Services – Our removal defense services typically involve legal fees for the professional services provided by our experienced immigration attorneys. Clients must be able to meet the financial obligations associated with our services which may include initial consultation fees, retainer fees, and other legal fees as agreed upon.
Charleston Deportation Lawyer
We’ve highlighted some of the possible legal removal defense options your deportation lawyer may explore. Of course, your immigration attorney will examine all possible removal defenses.
Sometimes, the best choice may even be voluntary departure instead of deportation. Your attorney will fight for you every step of the way. Please contact Jorge Munoz Law Firm for experienced legal representation for removal defense or a free deportation consultation.