Removal/Deportation Defense

A removal proceeding, previously called deportation proceeding, can be initiated against a non-citizen arrested by immigration authorities within the United States, or a person that requested an asylum hearing upon entry to the United States, or a person whose application was denied by USCIS.

Removal proceedings are generally held before an Immigration Judge. Other types of removal proceedings are judicial removal; administrative removal; expedited removal; and removal pursuant to entry under the Visa Waiver Program. During the removal proceeding, it will be determined whether the non-citizen must be removed from the United States.

However, there are some legal defenses and forms of relief that may be available to the non-citizen to try to avoid deportation.

Some of the most common forms of relief are Asylum, Withholding of Removal, Protection under the Convention Against Torture, Cancellation of Removal, Deferred Action, Prosecutorial Discretion, and some waivers.

The defenses and type of relief that may be available to a person depend on the specific circumstances of each case.