Deportation Defense

Forms of Relief from Removal

Immigration law provides several potential forms of relief for individuals facing removal. Eligibility depends on your specific circumstances, immigration history, criminal record, family ties, and the strength of your evidence. Below are the primary defenses we evaluate in every case.

Asylum, Withholding of Removal, and Convention Against Torture (CAT) Protection

Individuals in removal proceedings may apply for asylum if they have a well-founded fear of persecution in their home country based on race, religion, nationality, membership in a particular social group, or political opinion. Asylum in the defensive context is presented before an Immigration Judge, with the applicant bearing the burden of proof through testimony, documentary evidence, and country conditions materials.

When asylum is unavailable — whether due to the one-year filing deadline, criminal bars, or other statutory restrictions — withholding of removal may still provide protection. Withholding requires a higher burden of proof (a "clear probability" of persecution) but has fewer statutory bars than asylum.

Protection under the Convention Against Torture (CAT) is available when an individual can demonstrate that they more likely than not would face torture by or with the acquiescence of a government official if returned to their home country. CAT protection can be granted even when asylum and withholding are barred, making it a critical last line of defense in many cases.

These claims are document-intensive and fact-sensitive. They typically require a detailed personal declaration, corroborating evidence of past harm or threats, medical or psychological evaluations, country conditions reports from the State Department and human rights organizations, and thorough hearing preparation that addresses consistency and credibility. We prepare testimony, documentary exhibits, and legal arguments as an integrated package to give the Immigration Judge a complete and persuasive record.

Cancellation of Removal for Non-Permanent Residents

Non-LPR cancellation of removal is one of the most challenging forms of relief available in immigration court because the legal standards are strict and the evidence burden is exceptionally high. To be eligible, applicants must demonstrate all four of the following requirements:

• Ten years of continuous physical presence in the United States immediately preceding the filing — presence must be continuous, and certain departures or commission of certain offenses can trigger the "stop-time" rule, cutting off the accrual period.
• Good moral character during the entire 10-year period — USCIS and the court will review criminal history, tax filing compliance, and general conduct. Certain offenses are automatic bars to good moral character.
• No disqualifying criminal convictions — certain criminal offenses, including but not limited to aggravated felonies and certain controlled substance offenses, bar eligibility entirely.
• Exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child — this is the most litigated and most difficult element to satisfy.

The hardship standard for non-LPR cancellation is significantly higher than the "extreme hardship" standard used in waiver cases. The applicant must show that their qualifying relative would suffer hardship well beyond what would normally be expected from the separation or relocation that accompanies any deportation. Courts look for documented hardship evidence including serious medical conditions, mental health impacts on children, educational disruption, financial dependence, lack of viable relocation options in the home country, and country conditions that would directly affect the qualifying relative.

We work closely with families to build comprehensive hardship evidence packages that include medical records, school records, psychological evaluations where appropriate, financial documentation, and detailed declarations from the applicant and qualifying family members describing the specific, individualized impact that removal would cause.

Cancellation of Removal for Permanent Residents

Lawful permanent residents (green card holders) in removal proceedings may qualify for cancellation if they meet the following requirements:

• At least 5 years of lawful permanent resident status
• At least 7 years of continuous residence in the United States after having been admitted in any status — the 7-year clock begins when the person was first admitted to the U.S. in any lawful status and stops when a Notice to Appear is served or certain criminal offenses are committed
• No aggravated felony conviction — an aggravated felony conviction is an absolute bar to LPR cancellation, and the definition of "aggravated felony" under immigration law is broader than many people expect

Even when the statutory requirements appear to be met, LPR cancellation involves a discretionary component. The Immigration Judge weighs positive equities (family ties, community contributions, rehabilitation, length of residence, employment history) against negative factors (criminal record, immigration violations). The stop-time rule and criminal classification issues often determine eligibility, making precise legal analysis of conviction records essential before proceeding.

In LPR cancellation cases, thorough legal briefing on conviction analysis and organized documentation of equities are as important as courtroom testimony. We analyze criminal records, statutory elements of offenses, and timing issues to determine whether relief is legally viable before investing time and resources in merits presentation.

Adjustment of Status in Immigration Court

Some respondents in removal proceedings may be eligible to apply for adjustment of status before the Immigration Judge, typically based on an approved or approvable family-based petition (such as an I-130 approved by USCIS). If the respondent has a qualifying basis for permanent residence, a current visa number, and is otherwise eligible for adjustment, the Immigration Judge may adjudicate the adjustment application during removal proceedings.

Pursuing adjustment in court requires coordinating between USCIS and the Immigration Court, including presenting approved petitions, visa availability evidence, medical examination results (Form I-693), the Affidavit of Support (Form I-864), and any required waivers of inadmissibility. This strategy can effectively convert a defensive case into a pathway to lawful permanent residence, but it requires careful timing and thorough documentation.

Waivers of Inadmissibility or Removability

When a ground of inadmissibility or removability blocks adjustment of status or other relief, a waiver may be available depending on the specific ground and the applicant's circumstances.

INA Section 212(h) — Criminal Grounds Waiver

Section 212(h) can waive certain criminal grounds of inadmissibility in qualifying cases. Eligibility depends on the specific offense, the applicant's family ties, and the passage of time. For most applicants, 212(h) requires demonstrating that denial of admission would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident relative. We analyze criminal records against the statutory framework to determine whether a 212(h) waiver is available and, if so, what evidence is needed to present a strong hardship case.

INA Section 212(i) — Fraud/Misrepresentation Waiver

Section 212(i) provides a waiver for applicants found inadmissible due to fraud or willful misrepresentation of a material fact in connection with an immigration benefit. Like the 212(h), the 212(i) generally requires a showing of extreme hardship to a qualifying U.S. citizen or permanent resident relative. These cases require carefully documented hardship evidence combined with a clear explanation of the circumstances surrounding the misrepresentation.

Both waiver types demand detailed evidence packages that go beyond a generic hardship statement. Successful filings typically include medical records, psychological evaluations, financial documentation, family impact evidence, rehabilitation records where applicable, and legal analysis tying the evidence to the statutory standard the judge must apply.

Voluntary Departure

When no other form of relief is realistically available or when strategic considerations warrant it, voluntary departure may reduce the long-term immigration consequences compared to a formal removal order. A grant of voluntary departure allows the respondent to leave the United States at their own expense within a specified time period, avoiding the formal removal order and the associated bars to re-entry.

Voluntary departure has strict eligibility requirements and deadlines. Failing to depart after receiving a voluntary departure order can result in a civil monetary penalty, automatic conversion to a removal order, and a 10-year bar to certain forms of immigration relief. We carefully evaluate whether voluntary departure serves your long-term immigration goals and explain all practical implications before any decision is made in court.

How We Build Your Defense

Comprehensive Record Review

We begin every deportation defense case with a thorough review of your complete immigration history, criminal and civil records, family ties, employment history, and procedural posture to identify all plausible forms of relief and critical risk points.

Evidence Development

Strong defense cases rely on organized, well-documented evidence. We develop declarations, family records, medical and psychological documentation, country conditions materials, school and employment records, and certified court documents — all organized around the legal standard the judge must apply.

Hearing Preparation

Testimony preparation is critical in immigration court. We conduct thorough preparation sessions covering direct examination, anticipated government cross-examination questions, credibility considerations, and how documentary evidence connects to and supports courtroom testimony.

Ongoing Court Management

Immigration court timelines can shift unpredictably. We track all deadlines, file applications and evidence submissions on time, prepare for both master calendar and individual merits hearings, and keep clients informed of any scheduling changes or new developments in their case.

Related Relief Pathways

Many defense cases involve parallel humanitarian or family-based options. Depending on your facts, we may evaluate:

• Asylum protection options — including both affirmative and defensive asylum strategies
• U visa eligibility for qualifying crime victims — which can provide immigration relief and eventual lawful status
• Family-based pathways to permanent residence — which may support adjustment of status in court

The strongest deportation defense strategies often involve layering multiple forms of relief to maximize the chances of a favorable outcome. We evaluate every option available under your specific facts.

Frequently Asked Questions