## Deportation (removal) defense in West Virginia Removal — formally called "deportation" before 1996 — is the federal process of expelling a non-citizen from the United States. The process is harsh, fast, and adversarial. West Virginia residents face proceedings in immigration courts within the geographic area covered by their local ICE Field Office. ### West Virginia ICE coverage Washington ERO Field Office covers West Virginia. ## Common grounds for removal Non-citizens — including lawful permanent residents (green-card holders) — can be removed for: **1. Inadmissibility (INA § 212).** Triggered for those entering or seeking admission: - Health-related grounds - Criminal grounds (crimes of moral turpitude, drug offenses, multiple convictions, prostitution) - Security grounds - Public-charge grounds - Prior removal / unlawful presence (3- and 10-year bars) - Misrepresentation / fraud **2. Deportability (INA § 237).** Triggered for those already inside the U.S.: - **Aggravated felonies** — broad federal definition (some misdemeanors qualify); near-permanent bar to relief - **Crimes involving moral turpitude (CIMT)** — fraud, theft, certain assaults - **Drug offenses** — even a single conviction (with narrow exceptions for marijuana under 30g) - **Domestic violence convictions** — under federal definition - **Firearms offenses** - **Multiple criminal convictions** - **Marriage fraud** - **Document fraud** - **Failure to register changes of address** (timely) - **Visa overstays / status violations** - **Public-charge inadmissibility** at adjustment time ## What "aggravated felony" means in immigration law **Aggravated felony** is an immigration term, not criminal-law term. The federal list (8 U.S.C. § 1101(a)(43)) is broader than common sense suggests: - Murder, rape, drug trafficking - **Theft offenses** with 1+ year sentence — even shoplifting that gets a suspended 1-year sentence - **Crimes of violence** with 1+ year sentence - **Fraud / deceit** with $10,000+ loss - **Failure to appear** for criminal proceedings - **Document fraud** beyond a first offense - **Money laundering** ($10,000+) - And many more An aggravated felony conviction makes removal nearly automatic, with very few defenses available. ## Available relief from removal - **Cancellation of removal (LPR)** — for green-card holders with 5+ years as LPR + 7+ years residence; bars apply for aggravated felony, certain drug offenses - **Cancellation of removal (non-LPR)** — for non-LPRs with 10+ years residence + good moral character + exceptional and extremely unusual hardship to qualifying U.S.-citizen or LPR family member - **Asylum** — if 1-year filing deadline can be met or excepted, well-founded fear of persecution - **Withholding of removal** — clear probability of persecution; higher standard than asylum but no 1-year deadline - **Convention Against Torture (CAT)** — would more likely than not be tortured by or with consent of government - **Adjustment of status** — if eligible for green card based on family / employment relationship - **Voluntary departure** — leaves voluntarily without removal order; preserves ability to return more easily - **U-visa / T-visa / VAWA** — for crime victims, trafficking victims, abused spouses - **Special Immigrant Juvenile Status** — for abused / abandoned / neglected children - **DACA** — Deferred Action for Childhood Arrivals (closed to new applicants but renewals continue, subject to litigation) - **Prosecutorial discretion** — case-by-case ICE decision not to pursue removal ## How removal cases proceed 1. **Notice to Appear (NTA)** — charging document specifying allegations and grounds for removal 2. **Master calendar hearing** — preliminary hearings; pleadings, scheduling 3. **Individual hearing** — merits hearing with evidence and testimony 4. **Decision** — by immigration judge 5. **Appeal** to the Board of Immigration Appeals (BIA) within 30 days 6. **Petition for review** to the U.S. Court of Appeals (limited grounds) Detained cases move much faster than non-detained cases. ## Bond hearings Many detained respondents are eligible for **bond** — a deposit allowing release pending the outcome of the removal case. NOT eligible: - Mandatory-detention cases (certain criminal grounds, terrorism) - People with prior orders of removal - People who entered without inspection (in many circumstances) Bond amounts typically range from $1,500 to $25,000+. ## Padilla v. Kentucky and criminal-immigration overlap **Padilla v. Kentucky (2010)** held that defense attorneys have a constitutional duty to advise non-citizen defendants about immigration consequences of guilty pleas. Many criminal pleas can be vacated post-conviction if Padilla wasn't followed. If you're a non-citizen facing criminal charges, hire counsel who understands BOTH criminal and immigration law — often called "crimmigration" attorneys. ## What you should do Removal cases are time-sensitive and unforgiving. Hire an immigration attorney IMMEDIATELY upon receiving an NTA, being detained, or learning that ICE is investigating. West Virginia immigration attorneys generally offer free or paid initial consultations. Non-profit organizations (Catholic Charities, IRC, AmericanGateways, local immigration clinics) provide free representation for those who can't afford private counsel — but availability is limited. --- *This guide is general information about U.S. federal immigration law as of early 2026 and is not legal advice. Removal law shifts with executive branch policy, regulation, and Supreme Court decisions. Talk to a licensed immigration attorney about your specific case.*