San Antonio Deportation Defense Lawyer | Echavarria Law

San Antonio Deportation Defense Lawyer

Aggressive Removal Defense & ICE Detention Representation in Bexar County

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Facing Deportation in San Antonio? Time Is Critical

If you or a family member has received a Notice to Appear (NTA), been detained by Immigration and Customs Enforcement (ICE), or has an outstanding removal order, every hour matters. A deportation order carries consequences that extend far beyond leaving the country — it can trigger 5-year, 10-year, or permanent bars on returning to the United States.

At The Echavarria Law Firm, attorney Elizabeth Echavarria has spent over 15 years defending San Antonio families in immigration court. We fight removal proceedings at every stage — from the initial master calendar hearing through appeals to the Board of Immigration Appeals (BIA) and the Fifth Circuit Court of Appeals.

⚠️ Urgent: If you have been detained by ICE or received an NTA, do not attend your first hearing without legal representation. Anything you say in immigration court can be used against you. Call (210) 320-5633 immediately for emergency consultation.

Types of Deportation & Removal Proceedings

The U.S. government initiates removal proceedings under Section 240 of the Immigration and Nationality Act (INA). Understanding the type of proceeding you face is the first step toward building an effective defense.

Removal for Deportable Aliens (INA §237)

Applies to individuals who were lawfully admitted but have become deportable — often due to criminal convictions, visa overstays, immigration fraud, or violating conditions of admission. Common triggers include aggravated felony convictions, crimes involving moral turpitude, drug offenses, or domestic violence convictions.

Removal for Inadmissible Aliens (INA §212)

Applies to individuals who entered without inspection (EWI), were paroled into the U.S., or are seeking admission at a port of entry and are found inadmissible. Grounds include unlawful presence, health-related grounds, criminal grounds, security concerns, public charge determinations, and prior removal orders.

Deportation Defenses Available in San Antonio

There is no one-size-fits-all defense against deportation. The relief available depends on your immigration history, criminal record, family ties, length of residence, and the specific charges in your NTA. Below are the primary defenses our firm uses to fight removal orders.

Cancellation of Removal (42A)

For lawful permanent residents with 5+ years of permanent residence and 7+ years of continuous residence after lawful admission. Must not have been convicted of an aggravated felony.

Cancellation of Removal (42B)

For non-permanent residents with 10+ years of continuous physical presence, good moral character, and a qualifying U.S. citizen or LPR relative who would suffer exceptional and extremely unusual hardship.

Asylum & Withholding of Removal

For individuals who have suffered or fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. Withholding has a higher standard but cannot be barred by the one-year filing deadline.

Convention Against Torture (CAT)

Protection for individuals who can demonstrate it is more likely than not they would be tortured by or with the acquiescence of government officials if returned to their home country. CAT protection cannot be waived regardless of criminal history.

Voluntary Departure

Allows you to leave the U.S. on your own terms within 60-120 days, avoiding the penalties of a formal removal order. Preserves your ability to apply for future visas or green cards without triggering reentry bars.

Prosecutorial Discretion

Requesting that ICE exercise discretion to close, terminate, or administratively close your case based on favorable factors such as long U.S. residence, family ties, community contributions, and lack of criminal history.

Immigration Bond Hearings in San Antonio

If a family member has been detained by ICE, securing their release on bond is often the most urgent priority. A bond hearing takes place before an immigration judge, separate from the removal proceedings themselves.

Factor Details
Minimum Bond Amount $1,500 (set by statute); judges typically set bonds between $3,000 and $25,000+
Eligibility Must not be subject to mandatory detention (certain criminal convictions, terrorism-related charges, or arriving aliens)
Key Factors Community ties, employment history, family in the U.S., flight risk assessment, criminal history, immigration history
Timeline Bond hearings are typically scheduled within 7-14 days of detention; can be requested by your attorney
Payment Paid via cashier's check or money order to the ICE Enforcement and Removal Operations office
Bond Redetermination If denied or set too high, your attorney can request a bond redetermination hearing with new evidence
ℹ️ Mandatory Detention: Individuals convicted of certain aggravated felonies, controlled substance offenses, or who have prior removal orders may be subject to mandatory detention without bond eligibility. Even in these cases, there may be arguments for release based on prolonged detention (Zadvydas v. Davis) or changed circumstances.

What to Expect at San Antonio Immigration Court

Immigration court proceedings in San Antonio take place at the Federal Plaza, 727 E. Cesar E. Chavez Blvd. Unlike criminal court, immigration proceedings are civil, meaning the government does not provide a public defender — you must hire your own attorney or represent yourself.

1

Master Calendar Hearing

Your first court appearance. The judge reads the charges in the NTA, and you admit or deny each one. Your attorney can request additional time, identify the relief you will pursue, and set deadlines for filing applications.

2

Filing Applications for Relief

Your attorney prepares and files applications for the defenses identified — such as cancellation of removal, asylum, adjustment of status, or voluntary departure. Supporting evidence and declarations are compiled.

3

Individual Merits Hearing

The full trial before the immigration judge. You testify under oath, present witnesses, and submit evidence. The government attorney cross-examines you. Expert witnesses may be called for country conditions or psychological evaluations.

4

Judge's Decision

The judge may issue an oral decision on the same day or reserve the decision in writing. If you win, you are granted relief. If you lose, you have 30 days to file an appeal with the Board of Immigration Appeals.

5

Appeal to BIA / Fifth Circuit

If the judge's decision is unfavorable, we file an appeal to the BIA within 30 days. If the BIA denies the appeal, we can petition the Fifth Circuit Court of Appeals for judicial review. Filing an appeal generally stays (pauses) the removal order.

Deportation & Criminal Convictions

Criminal history is the most common trigger for deportation proceedings among lawful permanent residents and the most complex area of immigration defense. The intersection of criminal and immigration law — known as crimmigration — requires an attorney experienced in both fields.

Conviction Category Immigration Consequence Available Defenses
Aggravated Felony Mandatory deportation; bars most relief including cancellation of removal and voluntary departure Challenge conviction via categorical approach; post-conviction relief; CAT protection
Crime Involving Moral Turpitude (CIMT) Deportable if convicted within 5 years of admission OR two or more CIMTs at any time Petty offense exception; cancellation of removal; 212(h) waiver if eligible
Controlled Substance Offense Deportable for any drug conviction except a single offense of simple possession of 30g or less of marijuana Challenge conviction; demonstrate single marijuana exception; CAT protection
Domestic Violence / Stalking Deportable under INA §237(a)(2)(E); also triggers mandatory detention in many cases Post-conviction relief; challenge elements of the conviction; cancellation of removal if eligible
DWI / DUI Generally not deportable for simple DWI; however, repeat offenses or DWI with injury can trigger CIMT or aggravated felony grounds Argue non-CIMT classification; cancellation of removal; prosecutorial discretion

Why San Antonio Families Trust The Echavarria Law Firm for Deportation Defense

15+ Years in Immigration Court

Attorney Elizabeth Echavarria has spent her entire career in immigration law, including extensive experience in the San Antonio Immigration Court before the judges who hear your case.

1,000+ Cases Handled

From simple bond hearings to complex multi-year removal cases involving criminal convictions, we have the depth of experience your case demands.

Bilingual Representation

Full English and Spanish services ensure nothing is lost in translation — from initial consultation through courtroom testimony and evidence preparation.

Transparent Fees, No Surprises

We provide clear fee structures upfront so you know exactly what to expect. Free initial consultation to evaluate your case before committing.

Frequently Asked Questions — Deportation Defense

A Notice to Appear (NTA) is a formal charging document that initiates removal proceedings in immigration court. Once you receive an NTA, you must appear before an immigration judge at the San Antonio Immigration Court at the Federal Plaza downtown. Failure to appear results in an automatic deportation order. You have the right to hire an attorney, present evidence, and apply for any relief from removal for which you qualify.
Yes, many detained individuals qualify for an immigration bond hearing before an immigration judge. The judge considers factors including your ties to the community, criminal history, flight risk, and whether you pose a danger. Bond amounts in San Antonio typically range from $1,500 to $25,000 or more depending on circumstances. An experienced attorney can present evidence of your eligibility and argue for a lower bond amount or release on your own recognizance.
Cancellation of removal is a defense that allows certain individuals to remain in the United States despite being in removal proceedings. Non-permanent residents (42B) must demonstrate 10 years of continuous physical presence, good moral character, and that deportation would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or permanent resident relative. Permanent residents (42A) need 5 years of permanent residence and 7 years of continuous residence after lawful admission.
Deportation defense fees in San Antonio vary based on case complexity. Simple bond hearings typically cost $2,000 to $5,000, while full removal defense cases range from $5,000 to $15,000 or more depending on the relief sought. Cases involving criminal convictions, multiple forms of relief, or appeals to the BIA will be on the higher end. The Echavarria Law Firm offers free initial consultations and transparent fee structures so you understand all costs before proceeding.
Having a criminal record does not automatically mean you will be deported. The impact depends on the type and severity of the conviction. Some offenses are classified as aggravated felonies or crimes involving moral turpitude, which limit available defenses. However, many individuals with criminal histories still qualify for relief such as cancellation of removal, asylum, withholding of removal, or protection under the Convention Against Torture. An experienced deportation defense attorney can analyze your specific record and identify viable options.
Voluntary departure allows you to leave the United States on your own terms within a set time period, typically 60 to 120 days. Unlike a formal deportation order, voluntary departure does not carry the same penalties: you avoid a 5-year, 10-year, or permanent bar on reentry that comes with a removal order. This can be strategically important if you plan to apply for a visa or green card in the future. However, failing to depart within the allotted time converts it into a deportation order with additional penalties.
Removal proceedings in San Antonio typically take 1 to 3 years from the initial master calendar hearing to a final decision, though some cases can take longer. The San Antonio Immigration Court has a significant backlog, with wait times varying based on case type and the judge assigned. Detained cases move faster, often concluding within 2 to 6 months. Individual merits hearings, where you present your full defense, are scheduled separately from the initial hearings and can add significant time to the process.
Yes. If an immigration judge orders your removal, you have 30 days to file an appeal with the Board of Immigration Appeals (BIA). The BIA reviews the judge's decision for legal errors and can reverse, remand, or affirm the order. If the BIA upholds the deportation order, you may then file a petition for review with the U.S. Court of Appeals for the Fifth Circuit, which covers Texas. Additionally, you can file a motion to reopen or reconsider with the immigration court if new evidence or changed circumstances arise.

Related Immigration Resources

Asylum LawyerPersecution-based protection & relief Green Card ServicesPermanent residence applications Citizenship & NaturalizationN-400 applications & test prep Motions to ReopenReopen or reconsider denied cases Family-Based ImmigrationSpousal, parent & sibling petitions All Immigration ServicesView our complete service listing

Don't Face Immigration Court Alone

Every deportation case has potential defenses. The sooner you act, the more options are available. Attorney Elizabeth Echavarria has defended over 1,000 cases in San Antonio immigration court.

Call (210) 320-5633 — Free Consultation