Defenses in Removal Proceedings: A Comprehensive Guide for Newport Beach Residents

This Orange County guide explains the defenses in removal proceedings most clients should consider. If you or a loved one is facing removal, understanding your options is crucial.

Understanding Removal Proceedings

Removal proceedings can be overwhelming. Many individuals feel lost and anxious about their future. It's important to remember that you have rights and options. This guide will break down the defenses available to you.

1) Defenses in Removal Proceedings: Cancellation of Removal (Non-LPR)

Best for: Long-time residents with U.S. citizen or lawful permanent resident (LPR) family members.

Goal: Keep your green-card–eligible path open and obtain lawful status.

Core Elements:

• Long continuous physical presence in the U.S.

• Good moral character during the required period.

• A qualifying relative (U.S. citizen or LPR spouse, parent, or child) who would suffer exceptional and extremely unusual hardship if you were removed.

  
  

Evidence We Prepare:

We gather medical and educational records for qualifying relatives, work history, tax documents, community support letters, and detailed hardship declarations. We also prepare you and your witnesses for testimony at the individual (merits) hearing.

2) Cancellation of Removal for Lawful Permanent Residents (LPR)

Best for: Green card holders facing removal due to certain convictions or issues.

Goal: Allow you to keep your green card.

Core Elements:

• Length of residence as an LPR.

• Overall time in the U.S. after admission.

• Criminal-history analysis, including whether any offense is labeled an aggravated felony under immigration law.

  
  

Evidence We Prepare:

We compile certified court records, expert legal analysis of statutes, equities (family, work, service), rehabilitation efforts, and positive discretionary factors.

3) Asylum, Withholding of Removal, and CAT (Convention Against Torture)

Best for: People who fear persecution or torture if returned.

Goal: Stop removal and obtain protection in the U.S.

Overview:

• Asylum can lead to a green card later; it has strict filing deadlines with certain exceptions.

• Withholding of removal is a higher standard but still blocks deportation to the danger country.

• CAT protection applies when a person is more likely than not to be tortured by or with the acquiescence of officials if returned.

  
  

Evidence We Prepare:

We prepare detailed declarations, country-conditions reports, medical and psychological evaluations, expert testimony, corroborating witnesses, and documentation of threats or harm.

4) Adjustment of Status (AOS)

Best for: People who have a qualifying immigrant visa path while in proceedings (marriage to a U.S. citizen, certain employment categories, some humanitarian approvals).

Goal: Adjust to lawful permanent resident status (green card) and terminate proceedings.

Strategy Notes:

• Confirm visa eligibility and admissibility; analyze any waiver needs.

• In some cases, legacy or special provisions (such as older eligibility frameworks) may apply.

• Coordinate with USCIS/EOIR on timing, interview vs. court adjudication, and termination/administrative closure as appropriate.

  
  

5) Waivers of Inadmissibility/Deportability

Best for: Cases involving misrepresentation, certain criminal grounds, or past immigration violations.

Goal: Overcome specific bars through a discretionary waiver to clear the path to relief like AOS or to preserve status.

Common Waivers We Assess:

• Fraud/Misrepresentation waivers (requires qualifying relatives and hardship analysis).

• Waivers for certain criminal grounds.

• Waivers tied to documentation or procedural issues in the past.

  
  

Evidence We Prepare:

We compile extreme-hardship packets, equities, rehabilitation evidence, and expert declarations.

6) U Visa (Victims of Crime)

Best for: Victims of certain crimes who assisted law enforcement and have (or can obtain) a law-enforcement certification.

Goal: Obtain U nonimmigrant status and work authorization, then a future path to a green card.

Defense Angle in Court:

While a U petition is pending, we can often seek prosecutorial discretion (like termination or a continuance) or a stay of removal, depending on the case.

7) VAWA (Abused Spouses/Children/Parents of U.S. Citizens or LPRs)

Best for: Survivors of domestic violence who need immigration protection independent of the abuser.

Goal: Self-petition or pursue VAWA cancellation of removal; obtain work authorization and stability.

What We Do:

We ensure safety planning, collect evidence (police reports where available, medical/therapy records, affidavits), and file the appropriate petitions/applications to allow EOIR to grant relief or terminate proceedings.

8) Temporary Protected Status (TPS)

Best for: Nationals of countries designated for TPS due to conflict or disaster.

Goal: Secure lawful presence and work authorization while TPS is in effect; in some cases, TPS can support termination or favorable discretion in removal proceedings.

Practice Tip:

Registration deadlines and re-registration windows are strict. We calendar these to protect your status.

9) Special Immigrant Juvenile Status (SIJS)

Best for: Children who have been abused, abandoned, or neglected and have a qualifying state juvenile court order.

Goal: Obtain SIJS classification and later apply for a green card.

Defense Angle:

We coordinate the state-court order, federal SIJS petition, and EOIR case posture (continuances/termination) so relief can be granted without jeopardizing the child’s safety.

10) Prosecutorial Discretion (PD), Administrative Closure, or Termination

Best for: Cases with strong equities, long U.S. ties, pending benefits (e.g., I-130/I-140/U/VAWA/TPS), or legal defects.

Goal: Close or dismiss the removal case so you can pursue status with USCIS or avoid unnecessary litigation.

Examples:

• PD or dismissal where DHS agrees your case is a low enforcement priority.

• Administrative closure/continuance to await a decision on a pending application.

• Termination when the Notice to Appear (NTA) or jurisdiction has legal defects.

  
  

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Bonus: Voluntary Departure (VD)

Not truly a “defense,” but in some situations, pre- or post-conclusion voluntary departure can avoid a removal order, reduce future bars, and preserve cleaner options to return lawfully later. It is discretionary and time-sensitive.

How We Build a Winning Removal Defense

1. Case Mapping: Full intake, relief screening, and risk analysis (including any criminal issues).

2. Evidence Plan: We assign documents, witnesses, country-conditions, and expert needs.

3. Court Strategy: Master Calendar prep, motion practice, and deadlines.

4. Merits Readiness: Direct/cross preparation, exhibits, and closing arguments tailored to your judge’s preferences.

5. Appeal Options: If needed, we preserve issues for appeal.

   
   

Orange County Practical Tips

• Court Location: Most local cases are heard at the Santa Ana Immigration Court. Always verify your hearing notice and check for updates before traveling.

• DHS/ICE Compliance: If you’re on supervision or check-ins, stay compliant and tell us immediately if anything changes.

• Detention: For detained cases (including Adelanto), bond strategy can drastically change timelines. Ask us early.

  
  

Documents That Help Your Case

• Government IDs, passports, I-94/entry records, prior applications, and court paperwork.

• Birth/marriage certificates and proof of qualifying relatives’ status.

• Medical, educational, or special-needs records showing hardship.

• Police certificates, rehabilitation proof, awards, community letters.

• Evidence of threats or harm abroad (messages, reports, photos, hospital records).

  
  

FAQs

Q1: Can I get a work permit while my removal case is pending?

A: Sometimes. People applying for asylum or certain humanitarian benefits may qualify. Others may need relief granted first. We’ll analyze eligibility based on your specific application and timeline.

Q2: I missed my hearing. Am I automatically deported?

A: If the court entered an in absentia order, you may still be able to file a motion to reopen if you had no proper notice or special circumstances. Act fast—deadlines can be short.

Q3: Will a DUI put me in removal proceedings?

A: A single DUI is not always a deportable offense by itself, but it can still trigger immigration consequences and detention risks, especially with other factors. Coordinate immigration-safe criminal defense immediately.

Q4: How long do removal cases take?

A: Timelines vary widely by court, judge, detention status, and relief type. Some cases resolve in months; others take years. We’ll set expectations after your consultation.

Q5: Should I talk to ICE without a lawyer?

A: It’s best to speak with counsel first. Anything you say can impact your case. If you’re detained or contacted by ICE, call us as soon as possible.