Do you ever advise people to go with a voluntary removal?
Yes. If the person has the ability to return to the U.S. through sponsorship it is often better to proceed with voluntary departure. By departing voluntarily, the noncitizen may be able to come back after a shorter period of time.
It is generally agreed by most experienced immigration attorneys to consider voluntary departure first especially if the attorney believes the application for relief is not as strong. Once the individual calendar hearing is held there is a chance the Immigration Judge will simply order the person deported or removed rather than permitting voluntary departure.
Is there ever an instance where a person facing deportation will go against your best advice and fight it?
Generally, people listen to our advice. I suppose there might be people who will disagree with us and talk with another lawyer. I certainly have had individuals say they want to make an attempt to fight it.
People listen to our advice and we educate them by advising what is happening, and what could happen, so that they will go into the process knowing all of the likely outcomes.