Deportation Defense

In most cases an immigrant considered removable (deportable) is allowed a full hearing before an immigration judge before she is ordered removed. At this hearing, you can confirm or deny the reasons why the government claims that you are deportable, and request any protection from deportation. If you are issued a document called a Notice to Appear in Immigration Court, or have other reason to believe that you are in deportation proceedings, you should consult with an experienced immigration attorney such as Rachel Benedict immediately, even if your first hearing in court has not yet been scheduled. You may be eligible for the following forms of relief from deportation, which have been discussed elsewhere on this website:

• Asylum
• Withholding of removal
• Protection under the Convention Against Torture
• Temporary Protected Status
• Termination of Proceedings, to pursue permanent residency
• Permanent residency

Additionally, you may eligible for Cancellation of Removal. There are two types of cancellation of removal:

Cancellation of Removal for Permanent Residents

The judge can cancel deportation proceedings and allow an immigrant to remain in the US as permanent resident if she can demonstrate the following factors:

• She has been an alien lawfully admitted to the US for permanent residency for at least 5 years
• She has resided in the US continuously for 7 years after having been admitted in any status
• She has not been convicted of an aggravated felony

Cancellation of Removal for Nonpermanent Residents

This type of relief from removal is often called “the 10 years’ law.” An immigration judge can cancel the deportation of an immigrant and award her permanent resident if she can demonstrate the following factors:

• 10 years of continuous physical presence in the US
• 10 years of good moral character. The judge can consider several factors such as whether or not one is paying her taxes fully and correctly, whether or not she is paying child support, and whether or not she has ever committed any type of fraud
• No disqualifying criminal convictions
• A US citizen or permanent resident spouse, parent, or child who would suffer exceptional and extremely unusual hardship in the event of her removal

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