Marigold Law Center, Your Voice, Our Help!

Your Voice,
Our Help

  1. Home
  2.  » 
  3. Immigration Law
  4.  » Removal Defense

Fight Deportation With Our Experienced Removal Defense Attorneys

Last updated on May 16, 2024

Removal hearings, also called deportation proceedings, are held before immigration judges to determine whether migrants can stay in the United States. The government convenes these proceedings against individuals without legal immigration status or those whose actions may jeopardize their legal status.

Removal proceedings begin when the U.S. government serves migrants with a charging document called a Notice to Appear (NTA) and generally end with either a grant of an immigration application or a removal/deportation order.

Given the high stakes, navigating these proceedings yourself is never advisable. Our knowledgeable attorneys have decades of experience dealing with these complex immigration cases at Marigold Law Center. We have offices in Hyattsville, Maryland, and Los Angeles, California, helping people nationwide.

Applications Commonly Filed In Removal Proceedings

The most common applications filed in removal proceedings are as follows:

  1. Form I-589, Application for Asylum and for Withholding of Removal
  2. Form EOIR 42B or Form EOIR 42A, Application for Cancellation of Removal

This relief only applies to non-United States citizens in removal proceedings. If approved, non-U.S. citizens can either keep their previously granted lawful permanent residency (LPR) or receive LPR status for the first time.

Individuals involved in these proceedings may also be able to seek protections through asylum, withholding of removal or the United Nations Convention Against Torture treaty.

Cancellation Of Removal For Certain Permanent Residents

A migrant may be eligible for cancellation of removal if they are an LPR placed in removal proceedings, likely because they have been convicted of certain crimes.

To seek cancellation of removal as an LPR, migrants must file Form EOIR 42A, Application for Cancellation of Removal for Certain Permanent Residents.

An immigration judge may grant a request for LPR cancellation of removal if they meet the following requirements:

  1. Have been an LPR for a minimum of five years
  2. Have lived in the United States for a continuous period of at least seven years after entering the country under any status
  3. Have not been convicted of an aggravated felony

Cancellation Of Removal For Certain Nonpermanent Residents

If a migrant has never been an LPR, they may still qualify for a green card if they meet the following requirements:

  1. Have lived in the U.S. continuously for at least 10 years
  2. Have been a person of good moral character for the last 10 years
  3. Have not been convicted of specific criminal offenses
  4. Removal of the migrant would lead to excessive hardship for their spouse, parent or child who is a U.S. citizen or LPR

Given the complexity of this area of immigration law, migrants should never file Form EOIR-42A or Form EOIR 42B without the help of a skilled immigration attorney.

What Happens If A Judge Denies My Immigration Application In Removal Proceedings?

If an immigration judge denies an application, migrants have the right to file a series of appeals with a different and more influential court.

First, the individual can file an appeal with the Board of Immigration Appeals (BIA). If the BIA dismisses their appeal, the migrant can file a second appeal with a federal district court.

Call Us Toll Free To Schedule A Free Consultation About Removal Defense

The empathetic attorneys at Marigold Law Center have decades of experience defending migrants against deportation and navigating the appeals process. Call us toll free at 323-714-0195 or email us to schedule a free consultation to discuss your situation.