Removal and Deportation Defense Attorneys

Learn More About removal & deporation attorneys

If you are an undocumented alien, living and working in the U.S. can be incredibly stressful when facing the risk of being deported back to your home country. The government can remove an undocumented alien if they believe that he or she is unauthorized to remain in the U.S. Removal proceedings are initiated through issuing a document entitled a “Notice to Appear” or NTA.

An NTA lists factual allegations against you and provides a charge or charges that make you removable from the United States. The NTA is filed with the Immigration Court in your local area. The Immigration Court will then issue a hearing notice for you to appear in Immigration Court before an Immigration Judge to address your removability.

It is important to note that removal proceedings are not only initiated against undocumented aliens but also lawful permanent residents. If you are a lawful permanent resident but have done something to trigger removal proceedings against you, then you may very well face removal to your home country. Every person’s circumstances may vary, but there are ways to defend yourself from the threat of deportation. Our legal defense team can prevent you and your family’s deportation from the U.S. or prolong the process to give you time to plan for your future.

REMOVAL DEFENSE IS AVAILABLE

An experienced immigration attorney can review your unique case to determine if a strong and legitimate legal defense is available. A host of common legal defenses are used to prevent removal entirely or extend the length of time you have to remain in the U.S. legally.

You can educate yourself on the process; however, it is vital to speak to a licensed immigration attorney for legal advice and expertise in handling your case. Removal proceedings are very complicated, and statistics have proven that those with legal representation have a higher likelihood of success in their cases than those without.

Defense for NoT Removable as charged

One of the first defenses you can use to combat the threat of removal is to argue that the U.S. government cannot prove you to be removable as charged. Your initial immigration hearing, known as a Master Calendar hearing, will involve a judge asking you if you wish to concede or contest any removability charges in the NTA and requiring you to admit to or deny any allegations against you that are true. The rules regarding immigration court proceedings are specific, so it is wise to hire an immigration attorney to handle your case.

DHS Burden of Proof

To establish a burden of proof, the Department of Homeland Security must prove that you are removable by clear and convincing evidence. If the DHS cannot provide proof of your removability, they have failed to satisfy their requirements, and the judge can legally dismiss your case.

Relief Request

If you are found to be removable as charged, the judge will provide information on the types of relief from removal you may be eligible for. Your immigration attorney can provide details on these different types of relief and lay out options for you to consider. The various forms of relief available in removal proceedings can be rather complicated, so you must be screened thoroughly to ensure your eligibility for such relief.

Different Relief Types

To qualify for relief, you must be able to provide information regarding any family relatives you have living in the U.S. and their legal status, as well as how long you have lived in the U.S. and your legal status. It is also important to provide information on how you entered the U.S., what types of visas or immigration status you have had in the past, and whether you have any criminal history. An immigration attorney will be able to act as your advisor on your qualifications for relief since many types of relief from removal are available.

The most common types of relief are as follows:

  • Adjustment of Status

    Adjustment of Status is a form of relief that allows a non-immigrant to change their legal status to that of a lawful permanent resident or a green card holder under the Immigration and Nationality Act (INA) Section 245. In the context of removal proceedings, this is typically done following the approval of Form I-130, Petition for Alien Relative.


    Form I-130 is a visa petition filed by an immediate relative that is a U.S. citizen, such as a spouse, parent, or child. However, other categories of individuals can file Form I-130 petitions. If you are in removal proceedings and have a pending Form I-130, it is important to inform your immigration attorney and the Immigration Judge.

  • Asylum

    Asylum offers protection to individuals in the U.S. who fled from persecution in their home country or would face future persecution if they return to their home country. Asylum affords these individuals legal status in the U.S. and allows them to work and live in the country and earn a green card in the future. Many criteria must be met to qualify for asylum. An experienced immigration attorney will help you review these requirements and determine if you are eligible for asylum.

  • Withholding of Removal

    For a Withholding of Removal status, you must prove that you will most likely be persecuted if you return to your home country. It is more difficult to obtain Withholding of Removal than to obtain asylum, and those who receive it benefit less than those who have been granted asylum. This type of undocumented immigrant will be legally allowed to live and work in the U.S. However, this person would be disallowed from applying for permanent residency or traveling outside the U.S. Speak to an experienced immigration attorney to learn more about Withholding of Removal.

  • Convention Against Torture Protections (CAT)

    This relief is for those who can prove that it is highly likely that their country’s government will torture them if they return to their home country. The reasons you would be tortured are unimportant, as it is only important to prove you will be tortured. This is similar to withholding since you will not be allowed to travel outside the U.S. — However, you can live and work in the U.S.

  • Cancellation of Removal for Non-Permanent Residents

    Cancellation of Removal for Non-Permanent Residents is a unique form of relief that can only be pursued in removal proceedings. It is a form of relief that can lead to a green card if granted by an Immigration Judge. This is done by submitting Form EOIR-42B, Application for Cancellation of Removal.


    To qualify, you must prove that: (1) you have lived in the U.S. continuously for at least ten years, (2) that you are a person of good moral character, (3) that is removed from the U.S. will cause “exceptional and extremely unusual hardship” to a qualifying relative who is a U.S. permanent resident or citizen. These include spouses, children, or parents. You must also not have been convicted of certain crimes. There is a cap of 4,000 visas each year for Cancellation or Removal. It is very important to pursue this type of case with the assistance of an experienced immigration attorney.


  • Cancellation of Removal for Permanent Residents

    If you are a lawful permanent resident or green card holder, you may be eligible for cancellation of removal for permanent residents if you are in removal proceedings. This is a discretionary application that an Immigration Judge may grant if you demonstrate that: (1) you have been a lawful permanent resident for at least 5 years, (2) you have resided continuously in the U.S. for at least 7 years, and (3) you have not been convicted of an aggravated felony. The Immigration Judge will also consider all the positive equities you have in the U.S., such as your length of residence, family ties, and employment history, among many other factors. The Immigration Judge will also consider negative factors in your case, such as your criminal history and immigration violations. By conducting a balancing test of the positive factors and negative factors, the Immigration Judge will decide whether you should be permitted to remain in the U.S. as a green card holder or if you should be removed from your home country.

  • Cancellation of Removal Under VAWA

    Victims of domestic violence and emotional abuse by a U.S. or lawful permanent resident spouse or parent may have relief in the form of Cancellation of Removal under the Violence Against Women’s Act. A person may also qualify if they are a non-abusive parent of a child who is or was subjected to domestic violence or extreme cruelty by a U.S. citizen or lawful permanent resident parent. The parent herself need not be abused.


    An immigration judge can only grant cancellation under VAWA once a battered immigrant has been placed in removal proceedings. If an immigration judge grants the application for cancellation of removal, then a green card is given. If the judge denies the application, an order of removal will be issued. Given the potential for deportation associated with applying for cancellation of removal before an immigration judge, victims of abuse must hire an experienced immigration attorney, so they may effectively present a claim under VAWA if eligible. To qualify for cancellation under the Violence Against Women Act (VAWA), you must prove your physical residence in the U.S. for at least three years, be of upstanding moral character, show extreme hardship to yourself if you are not able to remain in the U.S., and have been physically battered or been treated with extreme cruelty.


  • NACARA Special Rule Cancellation

    To qualify for the NACARA Special Rule Cancellation, very specific requirements must be met. You must be from certain countries and show that you have applied for asylum previously or that you are qualified to apply for reopening previous removal documentation under the LIFE Act.

  • Voluntary Departure

    Voluntary departure allows you to leave the U.S. without damaging your reputation as an immigrant or dirtying your immigration record with a deportation record. Having been deported will negatively affect your record and make it more difficult for you to apply to return to living in the U.S. in the future. This option is more of a last resort than the other options available.

  • Deferred Action

    A deferred action status will suspend your case to designate you as having no legal status but also not allowed to be deported. This prevents the government from making attempts to deport you. Those who would normally qualify for the DACA immigration program should consult with an immigration attorney to determine their eligibility for prosecutorial discretion.

Consult With An Immigration Attorney

It is important to seek consultation and representation from a licensed and experienced immigration attorney who has successfully handled removal and deportation cases. It is unwise to pursue these types of cases alone since you need to understand all your rights, qualifications, and options available before approaching an immigration judge. If you do not have a full grasp of all available information about removability and deportation, you could lose any chance of being granted relief. Discuss your specific case with an immigration attorney. Putting it in their hands will give you the highest likelihood of a successful outcome to win you relief from removal or deportation.

Call (703) 506-1400 or contact Johnson & Masumi P.C. for more information or to schedule a consultation with one of our immigration attorneys, experienced in removal and deportation defense.