7 Ways to Fight Removal Proceedings and Remain in the U.S.

Receiving a Notice to Appear for removal proceedings can threaten everything you’ve worked towards. But, this notice does not have to be the end of the road for your residency.

There are legal options available for defending yourself against removal charges and potentially adjusting your immigration status to remain in the country long-term.

1. Apply for Cancellation of Removal

One potential option for stopping removal proceedings is to apply for cancellation of removal.

This form of relief allows specific individuals to have their removal proceedings canceled and receive lawful permanent resident (LPR) status in the US.

Types of Cancellation of Removal

Cancellation of Removal for Certain Permanent Residents (INA 240A(a))

Available to individuals who have been LPRs for at least five years, have continuously resided in the US for at least seven years after being admitted in any status, and have not been convicted of an aggravated felony.

Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (INA 240A(b)(1))

Available to individuals who have been continuously and physically present in the US for at least ten years prior to the issuance of the Notice to Appear or before the commission of certain crimes, have good moral character, have not been convicted of certain crimes, and whose removal would result in exceptional and extremely unusual hardship to their US citizen or LPR spouse, parent, or child.

2. Apply for Asylum or Withholding of Removal

Another option for fighting removal is to apply for asylum and withholding of removal.

These forms of relief are available to individuals who fear persecution in their home country based on their race, religion, nationality, membership in a particular social group, or political opinion.

Asylum vs. Withholding of Removal

While asylum and withholding of removal are similar, there are some key differences:

1. Asylum has a lower standard of proof. You must show a “well-founded fear” of persecution, which means a reasonable possibility that you will face persecution if returned to your home country.
2. Withholding of removal has a higher standard of proof. You must show that it is “more likely than not” that you will face persecution if returned to your home country.
3. Asylum has a one-year filing deadline from the time you last entered the US. There are exceptions to this rule. There is no deadline for withholding of removal.
4. Asylum provides a path to lawful permanent residence and citizenship. Withholding of removal only prevents deportation and provides no permanent legal status.

3. Protection Under the Convention Against Torture

In addition to asylum and withholding of removal, you may also be eligible for protection under the Convention Against Torture (CAT).

This remedy is available to individuals who can show that it is more likely than not that they would be tortured if returned to their home country.

4. Adjust Your Immigration Status

One viable way to potentially get ahead of removal proceedings is to pursue an adjustment of your current immigration status.

For example, if you originally entered the U.S. lawfully on a non-immigrant visa, but then fell out of status by overstaying or failing to renew properly, you may still have a path to adjust to lawful permanent resident status. As long as your initial entry was legal, or you meet one of the exceptions, an immigration judge may allow you to straighten out your paperwork deficiencies and adjust your status.

5. Request Prosecutorial Discretion

You may also stop removal proceedings by requesting prosecutorial discretion from immigration authorities.

This option means asking them to exercise their discretion to close or terminate your case, even if you’re not eligible for any other form of relief.

When Prosecutorial Discretion May Be Granted

Prosecutorial discretion is more likely to be granted in cases where the individual has:

• Strong ties to the US include long-term residence or family members of US citizens.
• Compelling humanitarian factors, such as being the primary caregiver for a child or having a serious medical condition.
• No serious criminal history or national security concerns.

How Immigration Lawyers Can Help

Your legal counsel will request prosecutorial discretion by:

• Highlighting the positive factors in your case, such as your ties to the community, your work history, and any hardship your family would face if the government deports you.
• Advocating to the government attorney or ICE officials handling your case.
• Negotiating with immigration authorities to agree to close or terminate your case.

It’s important to note that prosecutorial discretion is entirely discretionary and not guaranteed. It’s also a less permanent solution than other forms of relief, as the government could potentially reopen your case in the future.

However, prosecutorial discretion may be the only option to stop your removal proceedings in some cases.

Our immigration lawyers at the Law Office of Lina Baroudi can assess your case and determine the best strategy for seeking this form of relief.

6. Filing a Motion to Terminate Proceedings

In some situations, you may be able to stop your removal proceedings by filing a motion to terminate with the immigration court.

This move asks the judge to dismiss your case altogether on the grounds that the government has not met its burden of proving that you’re removable.

Grounds for Termination

There are a few grounds on which you may be able to seek termination of your removal proceedings:

1. The government has not correctly charged you with being removable. The Notice to Appear (NTA) filed against you does not contain all the required information or was not properly served.
2. The government cannot prove that you’re removable. When you can show that you’re not inadmissible or deportable under the grounds charged or that you’re eligible for relief from removal.
3. Other legal or constitutional defects in your proceedings. When the government has violated your due process rights or if the immigration court lacks jurisdiction over your case.

7. Leave the U.S. Voluntarily

Sometimes, the only option for stopping removal proceedings is to voluntarily depart the US before the court enters a final removal order.

This means leaving the country on your own, after receiving a grant of voluntary departure from an immigration judge, rather than being removed by immigration authorities.

However, voluntary departure also has some serious risks and disadvantages.

• You must leave the US, potentially separating you from your family, job, and community.
• Does not give you a legal status or path to return to the US in the future.
• You must pay your travel expenses and comply with specific deadlines and requirements.

Contact Our Removal Defense Attorneys Today

While adjusting your immigration status can be a viable defense against removal in some cases, there may be other potential pathways forward depending on your specific situation. Our removal defense attorneys at the Law Office of Lina Baroudi have deep experience in contesting deportation charges on all legal grounds.

From challenging the validity of the government’s case against you, to exploring alternative immigration relief options you may qualify for, our team will meticulously examine every angle to give you a possible chance at stopping removal proceedings and allowing you to remain in the United States legally.

Don’t assume deportation is inevitable just because you received that Notice to Appear. Take action by contacting the Law Office of Lina Baroudi today and let our removal defense team get to work aggressively protecting your rights and lawful residency status. Your first consultation is always confidential.