Facing Deportation? 4 Possible Defenses

Even when you are facing removal proceedings, you may have certain defenses that may allow you to avoid deportation. In today’s political atmosphere, deportation is an increased concern; so, knowing and understanding these defenses can be important for you or your family.

Argue That You Are Not Removable

You can make the argument that you should not be in removal proceedings by contesting the charges of removability. It is the Department of Homeland Security’s (DHS) burden to show that you are someone that can be removed from the United States. However, if you are considered “undocumented,” you are likely removable. Nonetheless, you can still argue that DHS has not met their legal obligation to show that you are removable. If DHS cannot fulfill their burden, you can move for the immigration judge to dismiss your case.

Keep in mind that you should never lie to the immigration judge, even if it may help your case. If you are caught lying, you may lose any rights you have to request relief from removal.

Requesting Relief from Removal

There are certain circumstances where you may be granted relief from removal. You can talk to your immigration attorney about this relief, but the immigration judge is also required to inform you of possible relief options. Asking the judge directly about potential relief will not only help you consider your options, but it may also encourage the judge to take a closer look at your situation.

Federal Law Protections

Several federal laws provide relief from deportation under certain circumstances. Your unique living situation may dictate whether you qualify for relief. It is important to provide the judge was all of this information so he or she can consider your case carefully. The following federal laws may be grounds for relief from deportation.

  • Immigration and Nationality Act
  • Convention against Torture
  • Violence against Women Act

Violence or Persecution in Your Home Country

In situations where you will be persecuted in your home country, the judge will be much more likely to grant relief from removal. You should be sure to explain these situations fully to the judge, even if it may be uncomfortable for you.

Green Cards and Deferred Action

You may also be able to obtain a permanent residence (green card) if you have been in the United States for at least ten years and your removal would cause exceptional and extremely unusual hardship to your spouse, parent and/or child who is a US citizen or lawful permanent resident.

In other situations, you may be able to request deferred action, which essentially puts your case on hold for the time being.

Other defenses may be available depending on your unique situation. An immigration law attorney can help you develop a defense at your removal proceeding. Call us today for more information.

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Written by Saleh and Associates

Saleh and Associates

Anis N. Saleh is President and Managing Shareholder of the Miami firm of Saleh & Associates, P.A., where he practices in all areas of Immigration and Nationality Law, including extensive experience in employment-based & family-based cases, deportation & removal hearings, and federal litigation.