Deportation Immigration Defense Attorney in San Gabriel, CA

Criminal Defense Attorneys Jonathan Perliss & Sanford Perliss
Written By
Jonathon Perliss
&
Sanford Perliss

Deportation Attorney

Facing removal from the United States can be one of the most frightening experiences imaginable. Deportation proceedings place your livelihood, your family’s future, and your sense of security on the line. Our attorneys, with their extensive qualifications and experience in handling immigration cases, are dedicated to providing effective legal representation. Once the government issues a Notice to Appear, you enter a complicated path where deadlines, technical filings, and shifting policies can threaten your right to remain. Without professional guidance, you risk missing critical opportunities to present your case, potentially resulting in detention, a permanent bar on reentry, or the separation from loved ones.

If you or a family member is under threat of deportation in San Gabriel, CA, you need a dedicated legal team in your corner right away. At Perliss Law Firm, Sanford H. Perliss and Jonathon Perliss combine over 35 years of courtroom experience to guide clients through every stage of removal defense. We offer free, confidential consultations and conduct thorough immigration case evaluations in either English or Mandarin, ensuring you understand your options and deadlines. Contact us today to discuss your situation and start building your defense.

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Common Reasons Why People Get Deported

Deportation can stem from a variety of missteps, some accidental and others more serious. Understanding the most frequent incidents helps you recognize potential vulnerabilities before they escalate into removal proceedings. Knowing these common pitfalls is the first step toward prevention and defense in San Gabriel.

Many removal cases arise from:

Visa Overstay or Status Violation:

Remaining in the U.S. beyond the date on your I-94 or working without proper authorization places you at risk.

Criminal Convictions:

Certain offenses, particularly aggravated felonies, crimes of moral turpitude, and drug-related offenses, can trigger mandatory detention and removal.

Marriage or Application Fraud:

Misrepresenting facts on immigration forms, such as in marriage-based petitions or naturalization applications, can result in the revocation of your status.

Failure to Remove Conditions:

Conditional residents must file Form I-751 between 90 and 120 days before their conditional resident status expires. Missing this window results in the automatic termination of permanent residency.

Public Charge Determinations:

Relying on certain public benefits without demonstrating sufficient financial support may be considered a burden on government resources.

Employment-Related Challenges:

 Issues such as unauthorized employment or disputes over employment status can lead to deportation. Legal advocacy is crucial in navigating the intersection of employment law and immigration law to protect your rights.

National Security or Terrorism Concerns:

Any real or alleged association with terrorist organizations or criminal enterprises can lead to expedited removal.

Any real or alleged association with terrorist organizations or criminal enterprises can lead to expedited removal.

Removal proceedings may also arise from policy changes or administrative errors. For example, if left unaddressed, a technical problem with your Application Support Center appointment or a misplaced Request for Evidence can threaten your status. At Perliss Law Firm, we review your immigration history in detail to identify and address every potential oversight. We correct paperwork errors, gather evidence to contest public charge findings, and develop a defense strategy that addresses both immediate threats and underlying vulnerabilities.

What Is the Deportation Process?

The process to remove you from the United States starts when you are issued a Notice to Appear (NTA). The NTA lists the government’s claims against you—everything they must prove to secure your deportation. If those claims cannot be established at your hearing, the judge must terminate removal proceedings.

The deportation process typically goes as follows:

ICE serves you a Notice to Appear (NTA)
Master Calendar Hearing –

You will confirm your identity, hear the charges, and be asked if you need time to secure an attorney.

Self-Representation or Relief Application –

If you proceed without counsel and you meet eligibility requirements, you may apply for relief from deportation; if you are not eligible, the judge may order your removal.

Individual (Merits) Hearing –

You present testimony, call witnesses, or submit evidence about your case; having an immigration attorney at this stage is critical.

Judge’s Decision –

The immigration judge issues a written order; if removal is ordered, you have 30 days from the date of the decision to file an appeal with the Board of Immigration Appeals (BIA).

Each step involves strict deadlines and procedural rules. Missing a deadline or appearing unprepared can jeopardize your chances of remaining. Our team at Perliss Law Firm will guide you through every stage, ensuring you meet all requirements and preserve your right to fight removal.

Fighting Deportation: Your Rights and Defense Strategies

When you receive a Notice to Appear, you immediately enter removal proceedings—but you do not lose your fundamental protections. From your first court date, you have the right to:

An Immigration Hearing:

You can appear before an immigration judge, contest the charges, and present your case in open court.

Legal Representation:

You have the right to hire a private attorney at your own expense and to consult counsel before and during every hearing.

Interpreter Services:

If English is not your first language, you may request a court-provided interpreter for yourself and any witnesses.

Full Access to Evidence:

You can inspect and copy all documents or records ICE plans to use against you.

Presenting Evidence and Witnesses:

You may submit affidavits, documents, and expert reports and call witnesses to testify on your behalf.

Cross-Examination:

You have the right to question government witnesses under oath, challenging their credibility and the accuracy of their testimony.

Appeal of a Final Order:

If the immigration judge issues a removal order, you may appeal to the Board of Immigration Appeals within 30 days and, if necessary, petition a federal circuit court.

Knowing and asserting these rights is essential. Missing a filing deadline or failing to appear can result in an in-absentia removal order and foreclose your ability to seek relief.

Beyond asserting your rights, effective deportation defense requires selecting the correct legal strategy for your situation. Common forms of relief include:

Asylum:

If returning to your home country exposes you to persecution based on race, religion, nationality, political opinion, or membership in a particular social group, you can apply for asylum. A successful claim grants you protection and, ultimately, eligibility to adjust status.

Criminal Waivers:

Certain convictions, such as minor theft or drug offenses, do not automatically bar you from relief if you qualify for a waiver. You must demonstrate hardship or meet statutory requirements to have those grounds forgiven.

I-751 Petition to Remove Conditions:

Conditional residents must file Form I-751 between 90 and 120 days before their conditional card expires. If removal proceedings have already begun, filing the petition or requesting reinstatement in a timely manner can halt the process.

Motions to Terminate and Motions to Suppress:

The government must follow strict procedural rules. If ICE or law enforcement violated due process, through defective paperwork or an unlawful arrest, you can move to terminate the proceedings or suppress improperly obtained evidence.

Cancellation of Removal for Non-LPRs:

Non-citizens who have lived in the U.S. for at least ten years, demonstrate good moral character, and show that deportation would cause “exceptional and extremely unusual hardship” to qualifying relatives may request cancellation of removal, which can lead to lawful permanent residence.

Each defense strategy has its own eligibility criteria and deadlines. Our team will evaluate your immigration history, criminal record (if applicable), family circumstances, and fear of return to determine which type of relief is most suitable. We prepare all necessary applications, gather supporting evidence, and present a rigorous defense to preserve your right to remain in the United States.

How Criminal Convictions Affect Your Case

Criminal convictions can have serious consequences for immigrants in deportation proceedings. U.S. immigration law classifies certain offenses as grounds for removal and others as bars to relief. Even convictions that seem minor under state law may have immigration consequences, including mandatory detention or permanent ineligibility for certain forms of relief.

Key categories of offenses include:

Aggravated Felonies:

Includes serious crimes such as murder, rape, trafficking in controlled substances, and certain theft or fraud offenses with a sentence of one year or more. Conviction of an aggravated felony generally makes you removable and bars you from most forms of relief.

Crimes of Moral Turpitude (CMT):

These are offenses involving dishonesty or intent to harm, such as simple assault, theft, or fraud. One CMT committed within five years of admission can render you deportable. Two CMT convictions at any time also trigger removal.

Drug Offenses:

Convictions for possession, distribution, or trafficking in controlled substances can lead to deportation, even if the sentence is brief. Certain minor drug possession convictions may be waived, but eligibility is narrow.

Domestic Violence and Firearms Offenses:

Crimes involving domestic abuse or illegal possession of a weapon can carry mandatory detention and removal, with limited options for relief.

Beyond these classifications, a criminal history can affect your ability to obtain a defense in removal proceedings. Relief options such as cancellation of removal, adjustment of status, and waivers all require good moral character or innocence of certain offenses. A single conviction may negate your eligibility entirely. 

Possible immigration consequences include:

Mandatory Detention while your case is pending
Permanent Bars to asylum, cancellation, or adjustment of status
Enhanced Removal Charges when offenses are grouped or classified as aggravated

Working with experienced counsel is vital to evaluate past convictions, identify potential remedies such as vacatur or post-conviction relief, and determine whether any applicable waivers exist. At Perliss Law Firm, we review the precise nature of each conviction, assess its immigration impact, and develop strategies to mitigate or overcome criminal bars in your removal defense. Effective advocacy is crucial, especially for immigrants who may not have access to free legal assistance.

How Perliss Law Firm Can Help You

Perliss Law Firm provides a comprehensive deportation defense tailored to your unique circumstances. From the moment you reach out for a free, confidential consultation, our team takes the time to understand your immigration history, family ties, and any factors that could influence your case. We break down complex legal requirements into clear, manageable steps so you always know what to expect and when.

Our services include:

In-Depth Case Evaluation:

We review your Notice to Appear, criminal and immigration records, and any pending petitions to identify all available avenues of relief.

Preparation and Filing of All Documents:

Accurate completion and timely submission of forms such as waivers, cancellation applications, motions to suppress or terminate, and appeals.

Representation at Every Hearing:

Skilled advocacy before the immigration judge and at bond hearings, ensuring your rights are asserted and your evidence is presented effectively.

Appeals and Motions Practice:

Filing appeals with the Board of Immigration Appeals and motions to reopen or reconsider when new evidence or legal errors warrant further review.

Interpreter Coordination:

Arranging qualified interpreters for you and your witnesses to guarantee accurate communication during proceedings.

Regular Case Updates:

Clear, ongoing communication about deadlines, hearing dates, and strategy adjustments, so you never face surprises.

Our success in resolving challenging deportation cases, thanks to our expertise and effective representation, is a testament to our abilities.

With more than 35 years of combined experience in immigration and in the courtroom, Perliss Law Firm knows how to anticipate government tactics and counter them effectively. Our bilingual team speaks both English and Mandarin and is familiar with the procedures at the Pasadena Field Office. We stand by your side at each step, advocating for the best possible outcome and fighting to keep you in the United States.

Frequently Asked Questions

How long is a deportation order valid for?

A removal order remains in effect indefinitely until it is executed, vacated, or reopened. Once an immigration judge issues a final order of removal, ICE can enforce it at any time unless you successfully:

  • File an appeal with the Board of Immigration Appeals within the 30-day deadline
  • File a motion to reopen or reconsider within 90 days of the decision (or based on new evidence)
  • Obtain a stay of removal or cancellation of removal

Even if ICE does not immediately carry out your removal, the order stays on your record and can block future relief or reentry unless formally overturned.

Can USCIS deport you?

U.S. Citizenship and Immigration Services (USCIS) does not conduct deportations itself. However, USCIS decisions—such as denying an adjustment of status, revoking a visa petition, or finding you inadmissible—can trigger referral to Immigration and Customs Enforcement (ICE) and initiation of removal proceedings. In other words, USCIS actions can lead indirectly to deportation, but the actual removal process is handled by ICE and the immigration courts.

Can I travel while in removal proceedings?

Travel outside the United States during active removal proceedings is generally not permitted unless you first obtain an Advance Parole document from USCIS. Leaving without proper authorization:

  • Abandons any application for relief you have pending before the immigration court
  • Subjects you to a permanent bar on reentry under certain inadmissibility grounds
  • To travel safely, you must file Form I-131 (Application for Travel Document) and wait for approval before departing.
What happens if my I-130 is approved while in removal proceedings?

Approval of a Form I-130 family petition is a positive step, but it does not automatically stop removal proceedings. If a visa number is immediately available in your preference category, you may be eligible to:

  • File for Adjustment of Status with USCIS, or
  • Request for Withholding of Removal in court based on the approved petition

Your attorney can move the court to administratively close or terminate the proceedings while you pursue an adjustment. If no visa number is yet available, you may still request cancellation of removal or other relief and keep your I-130 petition active.

Please note that the information provided on our website is for general purposes and is not intended as legal advice.

Contact The Perliss Law Firm For A Consultation

Don’t wait until it is too late to protect your right to remain in the United States. Perliss Law Firm offers free, confidential consultations to review your Notice to Appear and discuss all available defenses. Our bilingual team is fluent in both English and Mandarin, ensuring clear communication and personalized guidance throughout the process.

We serve clients throughout San Gabriel and all of Los Angeles County, handling every aspect of removal defense from initial filings to appeals and motions. You will receive honest advice, a straightforward action plan, and the dedicated advocacy you need to navigate this complex process with confidence. Reach out today to schedule your consultation and take the first step toward securing your future. Our firm also specializes in handling visa-related issues, including H-1B and H-2B work visas. We help you navigate the complexities of obtaining these visas and understand the associated legal requirements.

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Office Hours - Mon-Fri: 9:30am to 5pm
Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. The Perliss Law Firm team is licensed to practice law in California. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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Client Reviews

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Vincent Rodriguez
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"I personally was recommended to Sanford Perliss. My situation was dire. After our first meeting I Immediately felt relieved, I knew I was in good hands. He handled the case diligently and with the utmost professionalism. I don't know where I would be without the help of this man.  Thank you Sandy, I will recommend you to anybody I know."

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Brian Lee
5 Stars

"I can’t thank Perliss Law Firm enough for their outstanding representation. I felt confident I was in good hands from the moment I walked into their office. They explained every step of the process regarding my case and made sure I was fully informed about my options. Perliss Law Firm is professional and cares greatly about their clients. Highly recommend!"

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Jessica Mak
5 Stars

"Perliss Law Firm’s attorneys are extremely experienced and skilled。 They treated me with respect and were always available to answer any questions I had. I am extremely grateful and would recommend their firm if you’re looking for a dedicated and trustworthy defense team."

Criminal Defense Law Firm Perliss Law Firm

Why Choose Us?

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Former California Prosecutor Now Fighting For You.
2
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Often able to achieve results that other lawyers cannot.
3
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Trial lawyer of over 40 years.
4
Experienced lawyers and staff members
We have the means to help you with your criminal case, and keep your informed throughout the process

Schedule a
Free Consultation

Office Hours - Mon-Fri: 9:30am to 5pm
Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. The Perliss Law Firm team is licensed to practice law in California. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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