Our Daytona Beach Removal Defense Attorneys Can Help You Fight Deportation
Last updated on May 5, 2025
The possibility of being forced to leave the life you’ve created in the United States brings about feelings of panic, desperation and hopelessness. But hope isn’t entirely lost. There are legal remedies that could allow you to remain in the place you’ve made your home. At David F. Vedder, P.A., our attorneys create potent immigration defenses for members of our community in Daytona Beach.
What Do I Do If I Received A Notice To Appear?
A Notice to Appear (NTA) is a court document that explains why a person is being threatened with deportation and orders them to go to immigration court.
If you receive an NTA, contact an attorney right away. The experienced immigration attorneys at David F. Vedder, P.A., are here to help you. The earlier a legal professional intervenes, the more options will be available and the better you’ll be prepared for the court hearing.
Why Am I Being Threatened With Deportation?
Multiple things could lead to a person being threatened with removal from the country. Common reasons for deportation include:
- Entering the country unlawfully
- Entering the country lawfully but overstaying what their status allows
- Being accused of a crime
- Being suspected of immigration fraud
Many more violations could lead to deportation, but they usually fall within the categories above.
Can Deported Immigrants Return To The U.S.?
Immigrants may be permitted to return after deportation under certain conditions, but the process is typically complex and challenging. First, they must apply for permission to reapply for admission (Form I-212). The application must demonstrate significant reasons for the return, such as family ties or employment opportunities.
Further, if the deportation occurred due to a criminal conviction or serious offense, the individual may need to apply for a waiver of inadmissibility (Form I-601). To qualify for the waiver, the person must prove that their return would benefit the nation or that their absence would cause extreme hardship to a U.S. citizen or lawful permanent resident family member.
Navigating the process of seeking readmission requires thorough documentation and can benefit substantially from legal assistance. Consulting with an immigration attorney can help ensure all requirements are met and increase the chances of a successful application.
Where Are People Held During Removal Proceedings?
While removal proceedings are underway, individuals are typically held in detention centers. In Florida, detainees are often held in the Baker County Detention Center near Daytona Beach. It is located in the Baker County Sheriff’s Office at this address:
Baker County Detention Center
1 Sheriff’s Office Drive, Macclenny, FL 32063
In addition, there are three other detention facilities throughout Florida:
- Krome North Service Processing Center in Miami
- Broward Transitional Center in Pompano Beach
- Glades County Detention Center in Moore Haven
If you need assistance finding a loved one being detained by ICE in a Florida detention facility, we can help. With our considerable experience with the immigration detention system, we can:
- Use our legal resources to locate the detainee
- Communicate with ICE for information and updates about their status
- Help to arrange communication between the detainee and their family
- Provide guidance and advice on the detainee’s rights and options
- Advocate for the release of the detainee
We can also provide effective representation during any necessary hearings or formal proceedings. That means having someone to ensure your rights remain intact and your voice is heard.
Is It Possible To Prevent Deportation?
Absolutely. At David F. Vedder, P.A., our attorneys have helped accomplish this. There are a number of legal strategies that can help people threatened with deportation stay in the country, including:
- Having one’s immigration status adjusted
- Being granted asylum
- Gaining protection under the United Nations Convention against Torture
- Disproving allegations of criminal activity
- A lack of adequate evidence
- A withholding or cancellation of removal
Don’t lose hope. Legal intervention can and does help people avoid removal.
What Happens At An Individual Calendar Hearing Before An Immigration Judge?
An Individual Calendar (IC) or merits hearing is a formal court proceeding in which an immigration judge hears a respondent’s full case for relief from removal. Unlike a Master Calendar hearing, which is procedural, the IC hearing is substantive and can last several hours, depending on the complexity of the case.
At the start of the hearing, the immigration judge confirms the respondent’s identity, reviews any prior proceedings, and checks whether all documents and applications for relief are in the record. The respondent, represented by an attorney, may testify and present evidence, including witness testimony and supporting documents, such as affidavits, country condition reports or medical records. The government’s attorney may cross-examine the respondent and any witnesses.
The judge controls the hearing’s flow and has discretion over evidentiary issues. While immigration proceedings are more flexible than criminal trials, the Federal Rules of Evidence do not strictly apply. The judge may accept or reject evidence based on relevance and reliability. Interpreters are provided when needed to help ensure respondents fully understand the process.
After all evidence has been submitted, both parties may present closing arguments. In some cases, the judge will issue an oral decision at the end of the hearing, detailing findings of fact and conclusions of law. In other cases, a written decision may be issued later.
If the judge grants relief, the respondent can remain in the U.S. under the granted status. If relief is denied, the judge usually issues a removal order, but the respondent has the right to appeal to the Board of Immigration Appeals (BIA).
It is important to note that attendance is crucial during a calendar hearing. Failure to appear without good cause can result in an in-absentia removal order. The IC hearing is the respondent’s main opportunity to fully argue their case and present all relevant information.
Start The Fight For Your Life Today
The first step in fighting back against threats of deportation is reaching out to a skilled and experienced immigration defense attorney. The attorneys at David F. Vedder, P.A., are ready to help you explore your legal options. Call us at 386-675-0872 or message us to schedule a consultation.