Removal proceedings, or deportation, are initiated when U.S. Immigration and Customs Enforcement (ICE) enforce a final order of removal from an immigration court. If you or a loved one has been placed in removal proceedings then your future, your family, and your entire life in the United States is at risk. However, deportation is not always the end result, as many people have legal options to challenge their deportation. Understanding these legal options is critical but navigating them without proper legal guidance can be extremely difficult. This is why working with an experienced immigration attorney is the most important step to take to help stop deportation.
What is Deportation?
Deportation, or removal, is the legal process by which the U.S. government orders a noncitizen to leave the country for violating immigration laws or certain federal statutes. Removal proceedings typically begin when the government issues a Notice to Appear (NTA), which is the document that formally places an individual into immigration court and details the allegations and legal grounds for removal. These proceedings occur before an immigration judge, and while a removal order may feel definitive, many people are surprised to learn that there are multiple legal defenses and forms of relief that can stop or delay deportation. An immigration lawyer can evaluate your specific circumstances, respond to the Notice to Appear, and determine which relief options may apply to your case.
Options Available to Stop Deportation: Appeals and Motions to Reopen
If an immigration judge issues a final order of removal, one of the first defensive strategies an immigration attorney typically pursues is filing an appeal or a motion to reopen the case. A person has 30 days to file an appeal with the Board of Immigration Appeals (BIA). An appeal challenges legal or procedural errors that were made by the immigrations judge. An immigration attorney plays a critical role by identifying errors, preparing persuasive legal arguments, and ensuring all deadlines and procedural requirements are met.
In some situations, a lawyer may discern it is better to file a motion to reopen or motion to reconsider. A motion to reopen presents new evidence or changed circumstances that were unavailable during the original hearing. A motion to reconsider argues that the court misapplied the law or facts. These filings are highly technical and time-sensitive, making legal representation essential.
Cancellation of Removal
Cancellation of removal is another deportation defense, and it is one of the most powerful defenses available in immigration court. This form of relief allows certain individuals to avoid deportation and, in some cases, obtain lawful permanent residency. Eligibility depends on whether the individual is a lawful permanent resident or a non-permanent resident.
Green card holders may qualify for cancellation of removal f they have held permanent residency for at least five years, lived continuously in the U.S. for seven years, and have not been convicted of serious crimes. Non-permanent residents must meet stricter standards, including ten years of continuous physical presence, good moral character, and proof that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child. An immigration lawyer is crucial in building the evidence needed to meet these demanding requirements.
Stopping Deportation through Asylum or Humanitarian Relief Options
Individuals who fear returning to their home country may be eligible for asylum, Withholding of Removal, or protection under the Convention Against Torture (CAT). These protections apply to people who face persecution or torture based on race, religion, nationality, political opinion, or membership in a particular social group.
Additionally, victims of domestic violence, sexual assault, or abuse may qualify for relief under the Violence Against Women Act (VAWA). This law allows eligible individuals to self-petition for legal status without relying on an abusive U.S. citizen or lawful permanent resident family member. These cases require careful preparation and strong legal advocacy.
An Immigration Lawyer Matters for Removal Defense – Contact Aspire Immigration
Immigration law is complex and unforgiving. Strict deadlines, procedural rules, and discretionary decisions can make or break a case, as well as your future in the U.S. When your ability to remain in the United States is at stake, legal representation can be the deciding factor between removal and the chance to stay in the country.
An experienced immigration lawyer at Aspire Immigration will understand how to navigate the system, present evidence effectively, and advocate for your strongest form of relief before the court. If you or a loved one is facing deportation, contact Aspire Immigration as soon as possible to plan your deportation defense!
