Deportation Defense

Cancellation of Removal For Legal Permanent Residents INA § 240A(a)

The Attorney General may cancel removal of an LPR who is inadmissible or deportable from the United States if:

(1) has been an alien lawfully admitted for permanent residence for not less than 5 years,

(2) has resided in the United States continuously for 7 years after having been admitted in any status, and

(3) has not been convicted of any aggravated felony.

Cancellation of Removal For Non-Legal Permanent Residents

 

The Attorney General may cancel removal if: 

(A)  physically present in the United States for a continuous period of not less than 10 years

(B) person of good moral character during such period;

(C) has not been convicted of aggravated offense 

(D) the removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen or legal permanent residence.

VAWA Cancellation

1. battered or subjected to extreme cruelty in the United States by citizen or lawful permanent resident spouse or parent;

2. physical presence in US for 3  years and a person of good moral character;

3. not convicted of an aggravated felony ;

4. removal would result in extreme hardship to you or your child who is the child of a United States citizen or lawful permanent resident;

5. You are deserving of a favorable exercise of discretion on your application.

Defensive Asylum, Withholding, CAT

Defensive asylum  applies to people who are in removal proceedings and request asylum from an immigration judge. The process is called “defensive” because it can provide relief from being removed from the United States. An immigration judge hears an applicant’s claim and also hears any concerns about the validity of the claim that are raised by the DHS, Immigration and Customs Enforcement attorney, who represents the U.S. government in immigration court. 

Affirmative Asylum with CIS

The affirmative asylum process applies to people who initially file an asylum application with DHS, U.S. Citizenship and Immigration Services (USCIS). USCIS asylum officers conduct non-adversarial interviews of asylum applicants and determine whether to grant asylum.

Asylum relief is granted to qualified applicants, regardless of their countries of origin, who are unable or unwilling to return to their country of nationality because of past persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

Asylum for Juveniles and Unaccompanied Minors 

You may apply for asylum with USCIS as a minor if you:

-Are under 18 years old;

-Want to have your own case separate from your parents;

-Are not in immigration court proceedings.

 

You may apply for asylum with USCIS as an unaccompanied minor, even if you are in immigration court proceedings, if you:

-Are under 18 years old;

-Have no lawful immigration status in the United States; and

-Have no parent or legal guardian in the United States available to provide care and physical custody.

ICE Detention, Bond with Ice and Release OR (Own Recognizance

A person detained by ICE can be released from custody upon the payment of bond. Initially, the bond is set by DHS. ICE also has the discretion to release adult and juvenile aliens from detention on an Order of Release on Recognizance. If an alien is released on recognizance, ICE may set conditions for the release. The Order shall be administered using Form 1-220A (Order of Release on Recognizance) clearly stating any specific release conditions set by ICE.

Negotiate with ISAP for  Ankle GPS Removal

If you are in removal proceedings, ICE can choose to detain you in detention facility or placed you on the Alternates to Detention (ATD) Intensive Supervision Appearance Program (ISAP) using a GPS ankle bracelet monitoring system and released from ICE ERO custody with instructions to return back to the ERO Office on a certain date. ICE May choose to removal the GPS tracker if you meet certain conditions.

Bond With Immigration Court

In certain circumstances, an alien detained by the Department of Homeland Security (DHS) can be released from custody upon the payment of bond. Initially, the bond is set by DHS. Upon the alien’s request, an Immigration Judge may conduct a “bond hearing,” in which the Immigration Judge has the authority to redetermine the amount of bond set by DHS.

Change of Venue and Continuance

A request for a continuance of any hearing should be made by written motion. The motion should set forth in detail the reasons for the request and, if appropriate, be supported by evidence. A request to change venue should be made by written motion. The motion should be supported by documentary evidence.

Motion to Terminate

A motion to terminate request that judge hold the government to its burden of proof.  It request that the judge dismiss the charging document ( “Notice to Appear”  “NTA”) because the government’s charges are substantively or procedurally defective.

Motion to Suppress

A motion to suppress is a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law. If a motion to suppress is granted, a motion to terminate is usually granted and removal proceedings are ended

Voluntary Departure

The departure of person from the United States without an order of removal. The departure may or may not have been preceded by a hearing before an immigration judge. A person allowed to voluntarily depart concedes removability but does not have a bar to seeking admission at a port-of-entry at any time. Failure to depart within the time granted results in a fine and a ten-year bar to several forms of relief from deportation.

Work Permit

Certain people who are in Removal proceedings may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD).  

Detain Visits

When a person is detained by ICE, an attorney may visit the person to make an evaluation of the case and to give legal advice. Visits between legal representatives and assistants and an individual detainee are confidential and shall not be subject to auditory supervision. Private consultation rooms shall be available for such meetings

Affifavit of Support 

An affidavit of support is a document an individual signs to accept financial responsibility for another person, usually a relative, who is coming to the United States to live permanently or who is in removal proceedings and has applied for release from detention.

BIA Appeal

The Board of Immigration Appeals (BIA) is the highest administrative body for immigration laws. The BIA decides appeals by conducting a “paper review" of cases. The BIA has nationwide jurisdiction to hear appeals from certain decisions rendered by immigration judges and by district directors of the Department of Homeland Security (DHS).

Emergency Stay of Deportation

A “stay” decision issued by the Board of Immigration Appeals (BIA) temporarily prevents the Department of Homeland Security (DHS) from executing an order of removal, deportation, or exclusion. A request for an emergency stay may also be made directly with ICE by filing Form I-246 and paying the fee.

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