How to Stop Removal Proceedings: Strategies for Success

Facing removal proceedings, also known as deportation proceedings, can be one of the most distressing experiences for immigrants in the United States. The potential separation from family, loss of livelihood, and uncertainty about the future can create significant anxiety. However, there are legal strategies and defenses available to help stop removal proceedings and allow you to remain in the U.S. This guide provides an in-depth look at effective removal defense strategies and emphasizes the importance of working with an experienced immigration attorney to navigate the process.

Understanding Removal Proceedings

Removal proceedings are initiated by the U.S. government when it seeks to deport a non-citizen for violating immigration laws. These proceedings take place in immigration court, where an immigration judge determines whether the individual should be removed or allowed to stay in the U.S.


Common Reasons for Removal Proceedings

  1. Overstaying a Visa: Staying in the U.S. beyond the permitted period.
  2. Criminal Convictions: Certain crimes, including aggravated felonies and crimes involving moral turpitude, can lead to removal.
  3. Unauthorized Employment: Working without proper authorization.
  4. Immigration Fraud: Providing false information or documents during the immigration process.
  5. Violation of Visa Conditions: Failing to comply with the terms of your visa or green card.

Your Rights During Removal Proceedings

Even if you are facing removal, you have several fundamental rights:

  1. Right to an Attorney: You have the right to hire an attorney at your own expense.
  2. Right to a Hearing: You have the right to present your case before an immigration judge.
  3. Right to Appeal: If the judge issues a removal order, you can appeal the decision to the Board of Immigration Appeals (BIA).
  4. Right to Remain Silent: You are not obligated to answer questions from immigration officers without legal representation.

Strategies to Stop Removal Proceedings

There are various legal defenses and forms of relief available to individuals facing deportation. The right strategy depends on your specific circumstances.


1. Cancellation of Removal

Cancellation of removal is a form of relief that allows certain non-citizens to remain in the U.S. if they meet specific eligibility criteria.

  • For Lawful Permanent Residents (LPRs):
  • Must have been a green card holder for at least 5 years.
  • Must have continuously resided in the U.S. for at least 7 years after being admitted.
  • Must not have been convicted of an aggravated felony.
  • For Non-Permanent Residents:
  • Must have been physically present in the U.S. for at least 10 years.
  • Must demonstrate good moral character.
  • Must show that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent, or child.


2. Adjustment of Status

If you are eligible for a green card through a family member, employer, or other means, you may be able to apply for adjustment of status during removal proceedings. This process allows you to become a lawful permanent resident without leaving the U.S.


3. Asylum and Withholding of Removal

If you fear persecution in your home country due to your race, religion, nationality, political opinion, or membership in a particular social group, you can apply for asylum or withholding of removal.



  • Asylum: Must be filed within one year of arriving in the U.S., though exceptions exist for changed circumstances.
  • Withholding of Removal: Provides protection from deportation but does not grant a path to permanent residency.


4. Voluntary Departure

Voluntary departure allows you to leave the U.S. at your own expense without receiving a formal removal order. This option can help avoid certain penalties, such as a lengthy bar on re-entry.


5. Prosecutorial Discretion

Prosecutorial discretion is when ICE decides not to pursue removal against an individual based on humanitarian factors, such as:

  • Length of time in the U.S.
  • Family ties to U.S. citizens or permanent residents.
  • Lack of a criminal record.
  • Contributions to the community.


An experienced immigration attorney can help request prosecutorial discretion on your behalf.


6. Waivers of Inadmissibility

If you are facing removal due to certain grounds of inadmissibility, such as unlawful presence or a criminal conviction, you may be eligible for a waiver of inadmissibility.

  • I-601 Waiver: For unlawful presence, fraud, or certain criminal grounds.
  • I-212 Waiver: For re-entry after a prior removal or deportation.


Appealing a Removal Order

If an immigration judge orders your removal, you have the right to appeal the decision to the Board of Immigration Appeals (BIA). An appeal must be filed within 30 days of the judge’s decision.


Steps to File an Appeal

  1. File Form EOIR-26: Notice of Appeal to the BIA.
  2. Submit a Legal Brief: Your attorney can submit a written argument explaining why the judge’s decision was incorrect.
  3. Await a Decision: The BIA will review the case and either uphold or overturn the removal order.



If the BIA denies your appeal, you may seek further review in federal court.

How an Immigration Lawyer Can Help

An experienced immigration attorney in Orlando can provide invaluable assistance during removal proceedings by:


  • Assessing Your Case: Identifying possible defenses and relief options.
  • Preparing and Filing Documents: Ensuring that all forms and evidence are properly submitted.
  • Representing You in Court: Advocating on your behalf during hearings and appeals.
  • Negotiating with ICE: Requesting prosecutorial discretion or other forms of relief.

Conclusion

Facing removal proceedings can be a daunting experience, but it is important to remember that you have rights and legal options. Whether you qualify for cancellation of removal, adjustment of status, or another form of relief, proper preparation and legal representation are key to a successful outcome.



If you or a loved one are facing removal proceedings in Orlando or anywhere in the U.S., consulting a knowledgeable immigration lawyer can help protect your rights and improve your chances of remaining in the country. With the right legal strategy and support, you can fight removal and secure a better future.