Removal Defense
Removal defense involves representing and advocating for immigrants facing deportation from the United States. For many immigrants facing removal from the United States, the process involves appearing before an immigration judge in immigration court. Most immigrants cannot afford to have an attorney represent them in court. Sadly, legal representation is one of the most important factors in determining whether someone will win or lose their case. Removal defense can come in many shapes and forms, below are the types of removal defense cases we take on at CIL.
Defensive Asylum
The defensive asylum process is for individuals who have been placed in removal proceedings before an immigration judge. A defensive application for asylum occurs when you request asylum as a defense against removal from the U.S. by the immigration court with the Executive Office for Immigration Review (EOIR).
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Cancellation of Removal
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A person qualifies for non-LPR cancellation of removal if he/she is in removal proceedings because he/she is inadmissible or deportable and meets the following criteria: 1. has been physically present in the United States continuously for at least ten years 2. has had good moral character for ten years 3. has not been convicted of certain offenses 4. deportation would cause exceptional and extremely unusual hardship to her LPR or U.S. citizen spouse, child, or parent.
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Bond Proceedings
After ICE has made an initial custody determination to detain an individual, he or she may seek review of the decision in front of the immigration judge. This is technically called a bond redetermination hearing, but is often referred to simply as a bond hearing. The immigration judge will want to see proof that the individual is not a danger to the community, a flight risk, and have immigration relief available to them.
Temporary Protected Status (TPS)
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TPS is granted by the Secretary of the Department of Homeland Security to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their country from adequately handling the return. Some of the most recent countries that were granted TPS status include Venezuela, Haiti, Afghanistan, and the Ukraine.
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Change of Venue
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All recent arrivals should periodically call the immigration court system at 1 800 898-7180. If the telephonic system says your court date is in a different city than where you live you must ask for a “change of venue” in order to have your immigrant court proceedings occur in its proper location. This process is done through a Change of Venue Motion.
