What Is Deportation Defense?

Deportation (formally called "removal") is the process by which the U.S. government requires a non-citizen to leave the country. Several legal defenses may be available.

Common grounds for removal:

Visa overstay or unauthorized entry

Criminal convictions

Fraud or misrepresentation

Security-related grounds

Public charge

Defenses and forms of relief:

Cancellation of removal (LPR) — Available to permanent residents with 5+ years of residence and 7+ years of continuous presence, who have not been convicted of an aggravated felony.

Cancellation of removal (non-LPR) — Available to those with 10+ years of continuous physical presence, good moral character, and a qualifying U.S. citizen or LPR relative who would suffer exceptional hardship.

Asylum/withholding of removal — Protection from persecution in your home country.

Convention Against Torture (CAT) — Protection if you would face torture in your home country.

Adjustment of status — Applying for a green card if eligible.

Voluntary departure — Leaving voluntarily instead of being deported, avoiding certain negative consequences.

Prosecutorial discretion — Requesting that ICE exercise discretion to dismiss or close your case.

Motions to suppress — Challenging evidence obtained through constitutional violations.

The removal process:

Issuance of a Notice to Appear (NTA) in immigration court.

Master calendar hearing — Initial appearance.

Individual (merits) hearing — Full hearing on your case.

Decision by the immigration judge.

Appeal to the Board of Immigration Appeals (BIA), then federal court.

This is legal information, not legal advice.