Removal Defense

Removal defense refers to the legal representation and strategies used to prevent an individual from being deported (removed) from the United States. This process occurs in immigration court when the U.S. government seeks to remove an individual who is alleged to have violated immigration laws. An immigration attorney specializing in removal defense helps the individual contest the removal and seek relief from deportation.

 

Possible Defenses in Immigration Court:

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Asylum: Individuals who fear persecution in their home country based on race, religion, nationality, membership in a particular social group, or political opinion can apply for asylum.

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Cancellation of Removal: There are different types of cancellation of removal, including:

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1. For Lawful Permanent Residents (LPR): LPRs must have had their green card for at least five years, lived in the U.S. for at least seven years, and not been convicted of an aggravated felony.

2. For Non-LPRs: Non-LPRs must have lived in the U.S. for at least ten years, show good moral character, and demonstrate that their removal would cause exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent, or child.

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Adjustment of Status: This allows certain individuals to apply for a green card while in the U.S. if they are eligible based on family sponsorship, employment, or other grounds.

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Withholding of Removal: Similar to asylum, but with a higher burden of proof. It prevents deportation to a country where the individual’s life or freedom would be threatened.

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Protection under the Convention Against Torture (CAT): Individuals can seek protection if they can prove that it is more likely than not that they would be tortured if removed to their home country.

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Voluntary Departure: Allows the individual to leave the U.S. voluntarily within a certain period, avoiding a formal removal order and potentially allowing for a future return to the U.S. under legal conditions.

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Waivers of Inadmissibility: Various waivers are available for individuals who would otherwise be inadmissible due to prior immigration violations, criminal convictions, or other reasons. These waivers are discretionary and typically require showing hardship to a U.S. citizen or LPR relative.

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Defensive Asylum: Individuals in removal proceedings can apply for asylum defensively, meaning they request asylum as a defense against removal.​

 

Each case is unique, and the best defense strategy depends on the individual’s specific circumstances, including their immigration history, family ties in the U.S., and any potential hardships they or their family members might face if deported. An experienced immigration attorney can evaluate the situation and develop a tailored defense strategy.