Removal & Deportation Defense

Circumstances that drive to be placed in removal proceedings:

1. Unsuccessful application for asylum
2. Misdemeanor and felonies
3. Non-immigrant status
4. Loss of an unsuccessful application for permanent resident
5. Visa expiration
6. Unlawful employment
7. Crossing the border

Common defenses against removal:

1. Prosecutorial Discretion
2. Challenging the charges on the Notice to Appear
3. Motions to Suppress (where the client’s detention was in violation of the law)
4. DACA (Deferred Action for Childhood Arrivals)
5. Adjustment of Status
6. Cancellation of Removal – available to certain lawful permanent residents, certain persons without status, and certain persons who were victims of abuse
7. Asylum
8. Convention against Torture
9. Withholding of Removal
10. Waivers for persons with criminal convictions or prior immigration violations
11. Special Immigrant Juvenile Status
12. U visas
13. Voluntary Departure