Deportation Process in New York

Last Updated on: 15th March 2025, 09:01 pm

DEPORTATION PROCESS IN NEW YORK

If you think you can handle deportation defense on your own, you’re taking a dangerous bet that could ruin your future. We are Spodek Law Group, a nationwide federal defense law firm created by Todd Spodek. Our law firm is here to guide you, because a wrong step in this process can cost you everything period. When you fail to address your deportation defense issues, you risk permanent separation from family, loss of your livelihood, and a world of headaches that was entirely preventable.

UNDERSTANDING DEPORTATION

Deportation, which is also called “removal,” is a procedure that was designed to remove someone who was found to violate immigration laws. It is enforced by U.S. Immigration and Customs Enforcement (ICE), which is the government agency that is responsible for locating and arresting non-citizens who break these rules. If you receive a Notice to Appear (NTA), that legal notice will explain the reasons why the government thinks you can be deported. That notice alone can ruin your sense of security, because it opens the door to hearings in front of an immigration judge.

When you face a deportation proceeding, you have to act quickly. Every minute counts. If you ignore the process, you will likely end up with an in absentia removal order, which is basically the government’s final decision that tells you to leave the country immediately. That type of order can follow you for years, and it can block you from re-entering the United States.

HOW CRIMES LEAD TO DEPORTATION

The government identifies crimes that are known as deportable offenses, which can trigger a deportation removal action. For instance, a felony drug conviction that was handed down by a New York court can put you on the legal path to deportation. Crimes that are considered “aggravated felonies” can mean immediate guaranteed deportation. These aggravated felonies include offenses like drug trafficking, murder, rape, and theft that was done with an intent to commit a serious act of violence.

It’s important to understand that even minor crimes can have immigration consequences. For example, a misdemeanor that was connected to theft can raise red flags about moral character, which may result in signaling to immigration officials to initiate removal. Once the government takes that step, your future in the U.S. depends on how well you defend yourself and the power of the legal team on your side.

If you think your record is clean, but you were arrested before, you still want to be transparent with your NYC deportation immigration attorney. Hiding a prior arrest—then acting shocked when the government uses it against you—is a dumb move. The consequence is that you lose credibility with everyone, including the criminal attorney who’s trying to protect you.

THE DEPORTATION HEARING

After you get an NTA, you will have to appear in Immigration Court, which is done by the Executive Office for Immigration Review (EOIR). An immigration judge who was appointed by the Department of Justice will hear your case. During the hearing, the judge will look at the government’s case and the evidence that was presented against you. If you don’t show up, your absence can lead to an automatic removal order, which will force you out of the country.

At Spodek Law Group, we have experience handling high-stakes hearings. We understand that you need a strong defense, which may include arguments that dispute the criminal charges or evidence that shows your long-term residence in the United States. When we prepare your deportation defense strategy, we gather any available proof of your contributions to your community, your family connections, and other elements that show why you deserve to remain in the country.

If the judge decides that you should be removed, the immediate consequence is that the Department of Homeland Security can proceed with the deportation request. Once removed, you might face bars on re-entry to the country, meaning you cannot come back to the United States for an extended period. That penalty severely limits your future opportunities for lawful immigration, which can make it nearly impossible for you to reunite with loved ones in the U.S.

DEFENSE STRATEGIES

Several defense strategies can be used in removal proceedings, but they depend on your situation. For example, someone who was fleeing persecution in their home country might qualify for asylum or withholding of removal. If you qualify, you can potentially remain in the U.S. and adjust your immigration status based on new hearings and procedures. That can be a lifesaver when going back means you’re at risk of torture or harm.

Another defense is Cancellation of Removal for lawful permanent residents who have maintained a certain length of residence in the United States, or for non-residents who can prove  hardship to a U.S. citizen spouse, parent, or child if deportation happens. When you show the court strong evidence of family ties, steady employment, and good moral character, you stand a better chance of cancellation.

Sometimes, evidence that was illegally obtained by law enforcement may be excluded from your case. That means it cannot be used against you, which can undermine the government’s argument that you should be removed. The consequence is that if the government lacks legitimate proof, the judge may terminate the proceedings. Remember, an immigration judge needs hard facts. If the facts don’t exist, then you can challenge the entire basis of the removal case.

Of course, you need a top-rated defense team to develop these strategies. If you think you can simply watch a few videos and do this alone, I will tell you right now: that’s super optimistic thinking that could sabotage your entire future. The legal consequence is that you may be removed swiftly, and any chance for lawful re-entry can be lost – without legal help.

DETENTION AND BOND

Some individuals who are facing deportation may be detained in immigration custody. That step can happen if ICE believes you are a flight risk or a danger to the community. If you are detained, we can request a bond hearing to ask the judge for a release under certain conditions. A bond that was granted by the immigration court can let you live outside detention while you wait for your next hearing.

Being detained is terrifying for most people, and it creates immediate consequences. You might lose your job, face housing problems, and get separated from your family. We urgently request you to seek legal counsel fast if ICE arrests you for deportation. When you have an experienced legal defense team working on your case, your chances of getting released on bond typically improve, because we can show the court supporting documents that prove you are stable and not a danger to anyone.

APPEALS AND MOTIONS TO REOPEN

If the judge rules against you, do not give up immediately. There is an appeals process which was established through the Board of Immigration Appeals (BIA). When you appeal the case in a timely manner, you can hold off the removal while the BIA reviews the judge’s decision. If the BIA sides with the government, you can have further options to take your case to a federal court. The consequence of ignoring an unfavorable decision is immediate deportation, so failing to appeal is a choice that will end your fight prematurely.

There is also a procedure called a Motion to Reopen, which lets you bring new evidence that was not available in your earlier hearing. If, for example, you discover proof that shows your eligibility for a visa or relief based on changed conditions in your home country, you can file this motion. Winning that motion can keep you in the U.S. longer and give you another shot at defending yourself.

WHY CHOOSING THE RIGHT ATTORNEY MATTERS

Deportation is complex, stressful, and brutal if you’re unprepared. The immigration court system has specific rules, strict deadlines, and deep-rooted procedures. One missed deadline, or one wrong answer, can be enough to seal your fate. You want an attorney who was trained to navigate these challenges effectively, because any confusion in front of a judge can weaken your entire case.

At Spodek Law Group, our nationwide practice has one goal: protecting you. We offer a 24/7 consultation so you can reach us whenever trouble strikes. We believe you deserve a legal team that was relentless in defending your right to stay in the country you call home.

We also focus on the psychological toll of deportation. If you’re feeling scared and overwhelmed, that’s natural. Let me be direct: pretending to be calm when you’re not is nonsense that leads to bad decisions. The consequence is that you freeze up, you miss key opportunities to respond, and your case suffers. We’re here to guide you step by step, but you must be honest about your fears and limitations.

CONTACT US TODAY

If you’re scared about your future, stop delaying. Waiting only increases the government’s advantage. Our attorneys will fight to protect you, but we need you to meet us halfway—be open, be prompt, and be serious about your case.

Call us now at (888) 997-5177. You can also reach out online to schedule a consultation. We are Spodek Law Group, here to help you in New York and beyond.