For many foreign nationals convicted in Spain, deportation is the single most consequential decision of the whole case. For some it is a way out that avoids years in prison. For others it destroys a life built here over decades.
At Bataller Abogados we work both sides: we request deportation when it serves the client, and we oppose it when there are real ties to defend.
They must be distinguished from the outset, because they follow different rules and are appealed before different courts.
Judicial deportation is ordered by a criminal court under Article 89 of the Spanish Criminal Code, replacing a prison sentence of more than one year. It is appealed through the criminal courts and carries a ban on re-entering Spain of five to ten years.
Administrative deportation is ordered by the authorities under Article 57.2 of Organic Law 4/2000, on the basis of a conviction for an intentional offence punishable in Spain by more than one year of imprisonment. It is appealed before the administrative courts.
A single conviction can open both doors. That is why both must be anticipated and the strategy coordinated from the start.
Substitution of the sentence by deportation. We assess whether it applies, negotiate its scope — full or partial — and defend you at the hearing required under Article 89.
Opposing deportation on grounds of established ties. Where you have family, children or settled residence in Spain, there are solid arguments based on proportionality, Article 8 of the European Convention on Human Rights and the best interests of the child.
EU citizens. The rules are far more protective: a genuine, present and sufficiently serious threat to a fundamental interest of society must be shown. A conviction alone is not enough.
Foreign nationals in prison. Classification, prison leave and parole all determine when deportation is carried out. We work the prison file in parallel.
We work in several languages and are available 24 hours a day. C/ Aribau 205, 2nd floor, 08021 Barcelona. +34 696 967 181 · +34 937 490 708. Write to us through our contact page.
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