Trusted Legal Help for Removal and Deportation Defense
If you or a loved one are facing removal proceedings, you have the right to defend yourself and seek relief from deportation. A trusted immigration lawyer at Martinez Immigration can represent you in immigration court, challenge the removal order, and explore every legal option to help you remain in the United States.
Who may need an immigration attorney for Removal Defense?
An immigration lawyer can assist with:
- Defending against deportation in immigration court
- Filing a motion to reopen or appeal a removal order
- Seeking asylum or withholding of removal
- Applying for a cancellation of removal
- Requesting voluntary departure to avoid a removal order
- Challenging removal based on legal status or criminal history
Not sure if you qualify for removal defense?
An immigration lawyer can review your case and provide expert legal guidance.
Eligibility for Removal Defense
To qualify for removal defense, you must meet one of the following criteria:
- You have received a Notice to Appear (NTA) from U.S. Immigration and Customs Enforcement (ICE).
- You have been detained by ICE or U.S. Customs and Border Protection (CBP).
- You are facing removal due to unlawful presence, visa overstay, or criminal charges.
- You have a pending asylum application or other immigration petition.
- You have been charged with marriage fraud or document fraud.
- You have re-entered the U.S. illegally after a prior removal order.
Types of Removal Defense
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- If you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a social group.
- Requires proof of credible fear and the inability of your home country to protect you.
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- If you are a green card holder who has been in the U.S. for at least 7 years and maintained continuous residence.
- Requires proof of good moral character and no aggravated felony convictions.
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- If you have lived in the U.S. for at least 10 years.
- Requires proof of good moral character and that removal would cause extreme hardship to a U.S. citizen or LPR spouse, parent, or child.
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- If you have an approved immigrant petition (family-based or employment-based) and qualify to adjust status.
- May be available as a form of relief from removal.
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- ICE or DHS may agree to close your removal case if you have strong family ties or humanitarian factors.
- Requires proof of good moral character and community ties.
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- Allows you to leave the U.S. voluntarily instead of being deported.
- Helps avoid the consequences of a formal removal order.
How to Apply for a Removal Defense Process
Notice to Appear (NTA)
ICE will issue a Notice to Appear (NTA) in immigration court.
Master Calendar Hearing
You will attend a hearing to present your case and request relief.
Prepare and File Relief Application
Your lawyer will file for asylum, cancellation of removal, adjustment of status, or other relief.
Merits Hearing
You will present evidence, testimony, and legal arguments to the immigration judge.
Receive Decision
The immigration judge will decide on your case.
Appeal (if necessary)
If the judge issues a removal order, you may have the right to appeal to the Board of Immigration Appeals (BIA).
Removal defense cases require strategic legal planning and strong evidence. An immigration lawyer can increase your chances of success.
Required Documentation
Proof of Identity
Passport, birth certificate, or government-issued ID.
Proof of Continuous Residence
Lease agreements, tax filings, and employment records.
Proof of Family Relationships
Marriage certificates, birth certificates, or adoption records.
Evidence of Good Moral Character
Letters from employers, religious leaders, and community members.
Police and Criminal Records
If you have a criminal record, provide complete court documentation.
Medical and Psychological Evaluations
If seeking relief based on health or mental health issues.
Common Removal Defense Challenges & Legal Solutions
Challenges
Solutions
Missed Court Hearing
If you miss a court hearing, the judge may issue a removal order in absentia.
A lawyer can file a motion to reopen based on exceptional circumstances.
Criminal Record
Certain criminal convictions can make you ineligible for relief from removal.
A waiver may be available. A lawyer can help argue for rehabilitation or post-conviction relief.
Failure to Prove Hardship
If you cannot prove that removal would cause extreme hardship, your case may be denied.
A lawyer can gather expert testimony and documentation to support your case.
Inconsistent Testimony
Contradictions in your testimony can damage your credibility.
A lawyer can prepare you for court and help align your testimony with supporting evidence.
Additional Resources
Frequently Asked Questions
Can I stay in the U.S. while my removal case is pending?
Yes, you may remain in the U.S. while your case is under review unless a judge issues an expedited removal order.
Can I work while my removal case is pending?
You may apply for a work permit if you have a pending asylum application or adjustment of status case.
Can I apply for a Green Card after a removal order?
You may be eligible for adjustment of status or other relief depending on the circumstances.
What happens if my removal case is denied?
You may have the right to appeal to the Board of Immigration Appeals (BIA).
Can I travel outside the U.S. while my case is pending?
No, traveling outside the U.S. could result in the abandonment of your case.
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Get Legal Help from an Immigration Lawyer
Need expert legal help with your removal case? An immigration lawyer at Martinez Immigration will fight for your right to stay in the U.S.