Deportation Defense Lawyers and Attorneys in Miami, FL

Immigration Court/Deportation or Removal Proceedings

We at the Law Offices of Luis Mariano Garcia understand that being placed in deportation or removal proceedings can be a harrowing experience. If you or a loved one has been deemed deportable or inadmissible to the United States, we want to help find a path to legalize his or her immigration status. Whether he or she crossed the border illegally, overstayed a visa, was denied political asylum or failed a marriage interview, we will advise you on the most favorable options available to avoid deportation.

Deportation/Removal Defense

If you are not a US Citizen, and reside in the United States, you face the possibility of removal or deportation. If you are deported, returning to the U.S. may not be possible, or may take as long as 5 to 10 years. We understand that being separated from family members, friends and business interests can be devastating to all parties involved. At Luis Mariano Garcia, P.A. , we are committed to treating our clients with the time, compassion and dedication they deserve.

Causes of Removal and Deportation Proceedings

Every removal case is unique, therefore, the best defense in a removal case depends on the reason. Some of the reasons for removal include:

*Staying in the U.S. beyond the expiration of a visitor or nonimmigrant visa

*Criminal convictions

*Illegal entry into the U.S.

*Conditional resident status has expired

Regardless of the reason, deportation may be prevented with legal representation.  However, this is one of the most difficult areas of immigration law, and requires the knowledge and skill of an experienced immigration attorney. At Luis Mariano Garcia, P.A., our attorneys are at the top of their field.

Deportation or Removal Proceedings

On January 25, 2017, the President Donald J. Trump issued Executive Order 13,768, Enhancing Public Safety in the Interior of the United States (EO), which set forth the Administration’s immigration enforcement and removal priorities. The Department of Homeland Security’s (DHS) February 20, 2017 memorandum, Enforcement of the Immigration Laws to Serve the National Interest(implementation memorandum) provided direction for the implementation of the policies set forth in the EO. The EO and implementation memorandum expanded ICE’s enforcement focus to include removable aliens who (1) have been convicted of any criminal offense; (2) have been charged with any criminal offense that has not been resolved; (3) have committed acts which constitute a chargeable criminal offense; (4) have engaged in fraud or willful misrepresentation in connection with any official matter before a governmental agency; (5) have abused any program related to receipt of public benefits; (6) are subject to a final order of removal but have not complied with their legal obligation to depart the United States; or (7) in the judgment of an immigration officer, otherwise pose a risk to public safety or national security. The Department has directed that classes or categories of removable aliens are no longer exempted from potential enforcement.

ICE ERO Administrative Arrests

An administrative arrest is the arrest of an alien for a civil violation of the immigration laws, which is subsequently adjudicated by an immigration judge or through other administrative processes. With 143,470 administrative arrests in FY2017, ICE ERO recorded its greatest number of administrative arrests as compared with the past three fiscal years.1 There were 33,366 more administrative arrests in FY2017 than in FY2016, representing a 30 percent increase, as seen in Figure 1.


Administrative arrests began to increase after January 25, 2017, when the EO was issued, as shown in Figure 2. The analysis of administrative arrests conducted per week shows an elevated level of enforcement as compared with FY2016, beginning just after the new Administration took office during FY2017. This illustrates ERO’s prompt response to the direction set forth by the EO.


*Information was obtained from the United States Immigration and Customs Enforcement website, https://www.ice.gov/removal-statistics/2017.

We at the Law Offices of Luis Mariano Garcia understand that being placed in deportation or removal proceedings can be a harrowing experience. If you or a loved one has been deemed deportable or inadmissible to the United States, we want to help find a path to legalize his or her immigration status. Whether he or she crossed the border illegally, overstayed a visa, was denied political asylum or failed a marriage interview, we will advise you on the most favorable options available to avoid deportation.

Deportation/Removal Defense

If you are not a US Citizen, and reside in the United States, you face the possibility of removal or deportation. If you are deported, returning to the U.S. may not be possible, or may take as long as 5 to 10 years. We understand that being separated from family members, friends and business interests can be devastating to all parties involved. At Luis Mariano Garcia, P.A. , we are committed to treating our clients with the time, compassion and dedication they deserve.

Causes of Removal and Deportation Proceedings

Every removal case is unique, therefore, the best defense in a removal case depends on the reason. Some of the reasons for removal include:

*Staying in the U.S. beyond the expiration of a visitor or nonimmigrant visa

*Criminal convictions

*Illegal entry into the U.S.

*Conditional resident status has expired

Regardless of the reason, deportation may be prevented with legal representation.  However, this is one of the most difficult areas of immigration law, and requires the knowledge and skill of an experienced immigration attorney. At Luis Mariano Garcia, P.A., our attorneys are at the top of their field.

Effective Removal Defense Strategies

If you or a loved one has received a Notice to Appear, do not go at it alone. You need the expertise of an experienced attorney. There are several strategies that could help you or your loved one stay in the United States including:

*Cancellation of Removal

One way to avoid deportation is to show that you have resided in the United States for at least ten years, that you have good moral character, and that your removal would cause hardship to a legal permanent resident or a U.S. Citizen.

*Adjustment of status

Another way to avoid deportation is to adjust your immigration status to permanent residency and thereby prevent removal.

*Request asylum

If you or a loved one can prove that returning to your home country would result in persecution for race, religion, gender or other reasons, this may prevent deportation.

If these options are not available, leaving the country voluntarily may be the best option.

Figure 1. FY2015 – FY2017 ERO Administrative Arrests
Figure 1. FY2015 – FY2017 ERO Administrative Arrests