What Are Some of the Common Defenses Against Deportation?
Those considered to be “undocumented immigrants” are said to be so due to the fact that they lack U.S. immigration status. These individuals are vulnerable to removal proceedings that may result in deportation. If you are in the midst of removal proceedings, you are most likely overwhelmed. It is a stressful thing to be up against. Know, however, that you may still have options to stop being removed, or deported, form the U.S.
Common Defenses Against Deportation
One of the most common defenses against deportation is asserting that the person subject to the removal proceedings is not, in fact, removable. Challenging the charge of removability that is asserted by the government is a good first step to take under many circumstances. If you do not concede the charges of removability, the burden stays with the Department of Homeland Security to present enough evidence to prove otherwise. Should your assertion that you are not removable fail, there are other defenses you may argue which will qualify you for another form of immigration relief.
It is, in fact, the responsibility of the immigration judge presiding at a removal proceeding to inform the person subject to the removal proceeding what types of relief from removal he or she may qualify for. If you are in removal proceedings, be sure to ask the judge directly, so it goes on the record, about what types of relief from deportation you may qualify for.
One type of defense to deportation, or relief from removal, that may be available is family-based adjustment of status. A person may be able to switch from nonimmigrant status to immigrant status by seeking legal status in the U.S based on family relationship, usually to a U.S. citizen. Alternatively, a person may qualify for asylum protection. Asylum protection is reserved for those who have fled their home country due to persecution or fear of persecution. Similarly, withholding of removal protection is available to those who face persecution in their country of origin. Withholding of removal is similar to asylum protection, but more difficult to obtain. A person seeking withholding of removal relief must demonstrate that it is “more likely or not” that he or she would be persecuted upon returning to his or her home country. You may also be eligible to receive protection pursuant to the Convention Against Torture (CAT) or the Violence Against Women Act (VAWA).
Should the above defenses against deportation be unavailable, you may still be the recipient of deferred action in which the U.S. government agrees to put a hold on your case for the time being. You may also receive prosecutorial discretion where the government agency decides to halt removal proceedings. Should you benefit from prosecutorial discretion, you may be able to seek work authorization in the U.S. You will not, however, be granted other rights such as the right to travel.
If you are facing removal proceedings, time is of the essence. Get in touch with Talamantes Immigration Law so we can discuss your options. Contact Talamantes Immigration Law Firm today.
Posted in: Deportation Defense