Removal Defense | What You Should Know

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If you face removal from the United States, please read on, then contact an immigration lawyer skilled in deportation defense for more information on this process and how we can help you.

How do you lobby a defense against removal?

You have the right to appeal the Board of Immigration Appeals within 30 days of the immigration judge’s decision if he or she orders you to be removed. While there is no one tried and true method for successfully appealing a removal order, you should generally consider the following:

  • Possible ways to dispute the Department of Homeland Security’s allegations and keep your current immigrant status
  • Legal grounds upon which to remain in the United States despite the DHS’ allegations, i.e. request for relief from removal

How do you dispute the DHS’ allegations?

Even if the allegations made by DHS are basically true, you might still be able to dispute certain aspects of them. For example, the two common bases upon which the DHS alleges removability are that you either committed A) a crime of moral turpitude or B) an aggravated felony. Because the definitions are a matter of ongoing discussion, you can make the following arguments:

  • The crime does not fall into either category
  • The crime does not constitute grounds for removal

For instance, you might argue that the alleged crime did not involve violence and thus, should not be called an aggravated felony.

How do you request relief from removal?

There are several forms of relief from removal available to certain foreign nationals, including:

  • A waiver of inadmissibility together with cancellation of removal for certain permanent or nonpermanent residents: These forms of relief are available to qualifying foreign nationals charged with crimes as well as to those unlawfully present in the United States.
  • Asylum as well as withholding of removal: These forms are available to foreign nationals who fear persecution in their country of origin because of their race, religion, political opinion, nationality or membership in a particular social group.

Both of these options will require extensive documentation, which is why you would be well advised to seek the U.S. immigration legal services available to you through our firm. Besides the amount of work involved, successfully appealing a removal order requires a depth of knowledge generally unavailable to those who do not regularly immerse themselves in this or related immigration processes. Simple mistakes can cost you everything. Please put your case in our capable hands by giving us a call today.

Contact our experienced firm

The award-winning Lightman Law Firm, founded by Douglas Lightman, has extensive experience in immigration law and international matters through both work and personal experience. With offices in Fairfax, VA, New York, New York and Jersey City, NJ, our firm understands what is at stake when it comes to immigration law matters, which is why if you have any questions, you should not hesitate to contact the Lightman Law Firm and schedule your initial consultation today.