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Deportation and Removal Defense


Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deportability. Now called Removal, this function is managed by U.S. Immigration and Customs Enforcement (ICE).

ICE is the largest investigative agency in the Department of Homeland Security. ICE’s Enforcement and Removal Operations (ERO) directorate is responsible for the agency’s efforts to enforce the nation’s immigration laws in a fair and effective manner. The On-Site Detention Compliance Oversight Program was established within ERO to enhance oversight and care of detainees in ICE custody as part of the agency’s commitment to immigration detention reform.

Defenses against Deportation

An order from Immigration Judge deporting an alien may not necessarily result into deportation if the any of the reliefs as available under United States’s Immigration and Nationality Act are sought. These reliefs are available in the form of Waiver of inadmissibility and removal, Cancellation of removal for both permanent and Non-permanent residents, Suspension of deportation, Asylum and withholding of removal and Amnesty & Registry.

Waiver of inadmissibility and removal

An alien may be subject to removal if he was inadmissible at the time of his entering United States. If alien is able to establish that his removal from Unites States will result in hardship to himself or to his close family members, he may be eligible for a waiver.

Cancellation of removal

Permanent residents

Section §240A(a) of INA provides that The Attorney General may cancel removal of Permanent Resident from the United States if the alien-

(1) has been an alien lawfully admitted for permanent residence for not less than 5 years,
(2) has resided in the United States continuously for 7 years after having been admitted in any status, and
(3) has not been convicted of any aggravated felony.

However, it is important to note that certain categories of persons are ineligible for cancellation of removal: Exchange visitors in J status, certain crewmen, prior persecutors, person who has been granted cancellation earlier and persons who are charged with criminal offenses prior to expiry of seven years.

Non Permanent residents

Section §240A(b) provides that The Attorney General may cancel removal of Non-Permanent Resident from the United States if the alien-

(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;

(B) has been a person of good moral character during such period;

(C) has not been convicted of an offense under section 212(a)(2), 237 (a)(2) or 237 (a)(3), subject to paragraph (5) 2a/5/; and

(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

Suspension of deportation

An alien who is subject to deportation proceedings may be eligible to apply for through suspension of deportation if he is fulfills the following conditions;

1. He was physically present in the U.S. for at least seven continuous years. Absences that are brief, casual and innocent would not effect the eligibility.

2. He must be a person of good moral character.

3. His forced deportation from the United States will result in extreme hardshipIt upon the alien, or his spouse, children or parents who are citizens or residents of the United States.


United States provides protection to eligible asylum applicants if they have suffered persecution or fear that they will suffer persecution due to:

1 Race

2 Religion

3 Nationality

4 Membership in a particular social group

5 Political opinion

Alien can apply for adjustment of status after one year of grant of asylum. Withholding of removal is similar to asylum except that it does not permit the alien to apply for permanent residence, and it only prohibits the USCIS from deporting the alien to one particular country.

Amnesty and Registry

Amnesty granted by USCIS closes the deportation hearing because amnesty provides an alien the legal right to remain in the United States.

Registry is a process available to aliens who have resided continuously in the U.S. since prior to January 1, 1972. These aliens must be persons of good moral character, must not be deportable on certain aggravated grounds, and must not be ineligible for citizenship.

It is of significant importance that an experienced and knowledgeable immigration lawyer is retained to protect your interest as that can make all the difference in the world. At Bhagwati and Associates, P.L.L.C., it is our top most priority to protect our clients’ best interest by providing experienced, knowledgeable, and aggressive representation, while making sure that each of our client gets the successful results and no client of ours is unjustly treated, deported or removed from the United States or is precluded from coming to the United states.

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