Relief from Removal

Relief from Removal in Deportation Proceedings: How Thompson Law Advocates, P.C. Can Help

At Thompson Law Advocates, P.C., we understand the gravity of facing deportation proceedings. The prospect of being removed from the United States can be overwhelming, especially when family, work, and long-established ties are at stake. Led by Peter Thompson, Esq., our firm is dedicated to aggressively defending our clients’ rights and pursuing all available avenues for relief from removal. With over 25 years of experience in trial and appellate advocacy, our firm specializes in complex immigration matters, including deportation defense.

Understanding Relief from Removal

Relief from removal refers to various legal remedies that allow individuals in deportation proceedings to remain lawfully in the United States. Each case is unique, and selecting the right strategy requires thorough legal analysis and a strong understanding of both immigration and case law.

At Thompson Law Advocates, P.C., we assist clients in pursuing the following types of relief from removal:

1. Cancellation of Removal

Cancellation of removal is a form of relief available to both lawful permanent residents (LPRs) and non-permanent residents who meet specific eligibility requirements.

• For Lawful Permanent Residents (LPRs): To qualify, an individual must demonstrate that they:
  • Have been an LPR for at least five years;
  • Have continuously resided in the U.S. for at least seven years after admission;
  • Have not been convicted of an aggravated felony.
• For Non-Permanent Residents: A non-LPR may be eligible if they:
  • Have continuously resided in the U.S. for at least ten years;
  • Have demonstrated good moral character;
  • Can show that their removal would cause “exceptional and extremely unusual hardship” to a U.S. citizen or LPR spouse, parent, or child.

2. Asylum, Withholding of Removal, and Protection Under the Convention Against Torture (CAT)

Individuals facing persecution in their home countries may qualify for relief under these protections:

• Asylum: Must demonstrate a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
• Withholding of Removal: Requires a higher burden of proof but prevents deportation if the individual can show they are “more likely than not” to face persecution.
• Convention Against Torture (CAT): Protects individuals from deportation if they can prove that they would likely be tortured by their home government or with government acquiescence.

3. Adjustment of Status

For individuals eligible to become lawful permanent residents, adjustment of status can be pursued as a defense against deportation. This often applies to those with family-based petitions, employment-based petitions, or humanitarian relief.

4. Waivers of Inadmissibility

Certain grounds of inadmissibility can be waived, allowing individuals to remain in the U.S. Some common waivers include:

• I-601 Waiver: For unlawful presence, misrepresentation, or certain criminal convictions.
• I-212 Waiver: For prior removal orders, allowing re-entry under certain conditions.

5. Voluntary Departure

If other forms of relief are not viable, voluntary departure allows individuals to leave the U.S. on their own terms, avoiding the consequences of a formal removal order.

Procedural Aspects of Deportation Defense

Master Calendar and Individual Hearings

Deportation proceedings typically begin with a Master Calendar Hearing, where the respondent appears before an immigration judge. Having experienced legal representation at this stage is crucial. If relief from removal is pursued, the case proceeds to an Individual Hearing, where evidence and arguments are presented.

The Role of Immigration Judges

Immigration judges have discretion in granting relief. Presenting a well-documented case with strong legal arguments significantly improves the chances of a favorable outcome. Our attorneys craft persuasive arguments that align with case law and statutory protections.

Appeals and Motions to Reopen

If relief is denied, we explore options for appeal, including:

• Board of Immigration Appeals (BIA) Appeals: Challenging an immigration judge’s decision based on errors of law or fact.
• Motions to Reopen: Presenting new evidence or arguing legal misapplications.
• Federal Court Petitions: Seeking judicial review of constitutional and procedural violations.

Legal Strategies and Case Law

A successful deportation defense relies on sound legal strategies supported by established case law. Our firm meticulously reviews each client’s case, drawing upon precedents and legal arguments to build a strong defense.

Padilla v. Kentucky, 559 U.S. 356 (2010)

This U.S. Supreme Court case held that defense attorneys must inform non-citizen clients of potential immigration consequences when advising them on criminal pleas. Many non-citizens are unaware that even minor criminal convictions can trigger removal proceedings. We leverage this case to challenge removal orders based on improper legal counsel.

Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019)

This decision impacts bond eligibility for asylum seekers. Our firm has successfully advocated for clients to obtain bond hearings despite this ruling, using alternative arguments based on due process and individualized circumstances.

Matter of C-J-H-, 26 I&N Dec. 284 (BIA 2014)

This Board of Immigration Appeals (BIA) case clarified the burden of proof required for Convention Against Torture protections. We have used this case to help clients demonstrate a likelihood of torture upon deportation.

Pereira v. Sessions, 138 S. Ct. 2105 (2018)

This case addressed the “stop-time rule” affecting cancellation of removal eligibility. If a Notice to Appear (NTA) lacks the time and place of the hearing, the stop-time rule may not apply, allowing certain individuals to qualify for relief who otherwise would not.

Why Choose Thompson Law Advocates, P.C.?

Choosing the right legal team can make the difference between deportation and the opportunity to remain in the U.S. Our firm stands out due to:

1. Extensive Experience: Peter Thompson’s 25+ years in immigration and criminal defense provide unmatched understanding of how these two areas intersect.
2. Personalized Strategy: Each case receives individualized attention to determine the best path forward.
3. Aggressive Advocacy: We vigorously defend our clients in immigration court and on appeal.
4. Proven Track Record: We have successfully helped numerous clients secure relief from removal through well-crafted legal strategies.

Contact Us Today

If you or a loved one is facing deportation, time is of the essence. Contact Thompson Law Advocates, P.C. today for a consultation. Our team is ready to stand by your side and fight for your right to remain in the United States.