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Deportation & Removal Defense

Home / Our Practice Areas / Deportation & Removal Defense

Removal defense (formerly called “deportation defense”) involves representing and advocating for immigrants facing removal or deportation from the United States. For many immigrants, the process involves appearing before an immigration judge in immigration court. While most immigrants cannot afford to have an attorney represent them in court, legal representation is sadly the single most important factor in determining whether someone will win—or lose—their case.

Why would I be removable from the United States?

Reasons for Deportation or Removal

Generally, persons are found to be removable from the United States for one of the following reasons:

  • They have entered the country without permission
  • They have entered the country with permission but have violated the terms of their initial entry
  • They are permanent residents but have committed a crime that makes them removable
  • They are permanent residents but have violated their permanent residency in other ways

What happens if I am found to be removable?

Removal Proceedings

Removal proceedings are initiated by a charging document called a Notice to Appear. This document is issued by the enforcement arm of the Department of Homeland Security and alleges the various charges of removal.

Being charged with removal does not automatically mean removal (or deportation) from the United States. There are many defenses to removal that our attorneys have successfully applied to our clients.

Do I have the right to challenge my removal?

The Right to Challenge Removal

Persons facing removal from the United States are generally afforded a right to challenge their removal. Those challenges are heard before the Executive Office for Immigration Review (or Immigration Court), where persons are brought before an immigration judge to face charges that they are removable from the United States.

Defenses to removal include but are not limited to:

  • Defensive Asylum. If you can establish a fear of persecution if returned to your home country, you are eligible to apply for this relief.
  • Cancellation of Removal for Permanent Residents. If you have been a permanent resident for at least 5 years, resided continuously in the USA for at least 7 years, and have not committed a disqualifying crime, you are eligible to apply for this relief.
  • Cancellation of Removal for Non-Permanent Residents. If you have resided continuously in the United States for 10 years, have not committed a disqualifying crime, are a person of good moral character, and can show extremely exceptional and unusual hardship to a qualifying relative, you may be eligible for this relief.
  • Adjustment of Status. If you are the Beneficiary of an approved immigrant petition, you may apply to adjust your status to that of a permanent resident in immigration court.
  • Case Termination. If we can establish that removal proceedings should not have been commenced against you, proceedings may be terminated altogether.

We Can Help You with Removal Defense

At Richards and Jurusik Immigration Law, we represent people in removal proceedings who are non-detained and detained. In the detained context, we also represent people in bond hearings to request their release from custody pending the completion of their removal proceedings.

Schedule a consultation today.

Our Resources for Removal Defense

Can Filing I-130 and I-485 Protect My Spouse From Removal?
Can Filing I-130 and I-485 Protect My Spouse From Removal?
Can ICE Take Away Your Green Card? Understand Your Rights
Can ICE Take Away Your Green Card? Understand Your Rights
Does a Pending Immigration Case Protect You from Removal?
Does a Pending Immigration Case Protect You from Removal?
Can a U.S. Green Card Holder Be Deported?
Can a U.S. Green Card Holder Be Deported?
How New Immigration Court Policy Affects DHS Arrests
How New Immigration Court Policy Affects DHS Arrests
Can You Be Deported If Married to a U.S. Citizen?
Can You Be Deported If Married to a U.S. Citizen?
Understanding the Board of Immigration Appeals (BIA)
Understanding the Board of Immigration Appeals (BIA)
How to Use the ICE Online Detainee Locator System
How to Use the ICE Online Detainee Locator System
Immigration Court Hearings: 4 Keys You Need to Know
Immigration Court Hearings: 4 Keys You Need to Know
5 Key Reasons for Deportation from the USA
5 Key Reasons for Deportation from the USA
All Related Resources
All Our Resources

Additional Outside Resources

  • ILRC: Removal Defense
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  • Schedule a Consultation
  • TN Visa Professions
  • Entry to Canada with a DUI
  • Green Cards
  • Our Practice Areas
    • Employment-based Immigration
      • Temporary Work Visas
        • E Visas for Traders & Investors
        • H-1B Visas for Specialty Occupations
        • L-1 Visas for Business Expansion
        • O-1 Visas for Extraordinary Ability
        • TN Visas for NAFTA Professionals
        • Other Temporary Work Visas
      • Green Cards through Employment Sponsorship
    • Family-based Immigration
      • Green Cards for Spouses
      • Green Cards for Family Members
      • K-1 Visas for Fiancés & Fiancées
    • US Citizenship & Naturalization
    • Canadian Inadmissibility for US Citizens
    • Immigrant & Non-immigrant Visa (NIV) Waivers
    • Deportation & Removal Defense
    • Affirmative Asylum
    • Board of Immigration Appeals
    • Immigration Delay Litigation
  • Our Resources
    • US Immigration FAQs
    • Ask Us a Question
    • Arrive Podcast
    • Videos
    • Webinars
    • Canadian Inadmissibility: A Comprehensive Guide
    • TN Visas: A Comprehensive Guide
    • For Canadians
    • For Mexicans
    • For Individuals (Outside of North America)
    • For Employers
  • About Us
    • Our Managing Partners & Staff
      • Jeremy Richards, Esq., Partner
      • Christine Jurusik, Esq., Partner
      • Siana McLean, Esq., Partner
      • Aaron Aisen, Esq., Of Counsel
      • Rebecca Kroll, Esq., Associate
      • Kelsey Hatfield, Esq., Associate
    • Our Diversity & Inclusion Policy
    • Reviews
    • Our Flat Fees
    • Our Client Promise & Satisfaction Statement
  • Contact Us
    • Location & Contact Info
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    • Schedule a Consultation
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    • Subscribe to Our Resources Blog
    • Leave Us a Review
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