How Can Removal Proceedings Be Stopped?

Being placed in removal proceedings is an overwhelming and challenging experience. For many individuals, it places their future in question, affecting both their ability to remain in the United States and their loved ones who depend on them. Fortunately, certain legal strategies and forms of relief may help stop removal proceedings. Exploring your options and consulting with professionals can greatly enhance your likelihood of success.

At Kriezelman Burton & Associates, LLC, our knowledgeable team has decades of experience guiding clients through these complex processes. Below, we explain the key ways to stop removal proceedings, break down common challenges, and outline how our guidance can assist you.

What Are Removal Proceedings?

Removal proceedings are the legal processes through which the U.S. government attempts to deport a noncitizen from the country. This typically begins when Immigration and Customs Enforcement (ICE) issues a Notice to Appear (NTA), which outlines the alleged reasons for deportation. These proceedings are conducted in immigration court, where a judge will determine whether the individual is removable or qualifies for relief.

Key Strategies to Stop Removal Proceedings

Stopping removal proceedings involves mounting a strong defense. Here are some common approaches that may apply to your case:

1. Relief from Removal

Certain forms of legal relief can result in the dismissal of your removal case. These include:

• Cancellation of Removal

Applicable to some individuals who meet specific criteria such as continuous U.S. residency for a required period and demonstrating that deportation would cause exceptional hardship to qualifying family members who are U.S. citizens or lawful permanent residents.

• Adjustment of Status

If you are eligible to apply for a green card (lawful permanent residency), you may request this adjustment while in removal proceedings.

• Asylum

If you fear returning to your home country due to persecution based on race, religion, nationality, political opinion, or membership in a particular social group, you may seek asylum.

• Voluntary Departure

While this does not stop the removal process, it allows you to leave the United States on your own terms, avoiding a formal removal order on your record.

2. Challenging the Government’s Evidence

Your defense may challenge the government’s allegations by arguing that they lack sufficient legal grounds for removal. For example, if you are accused of visa violations or certain criminal acts, providing evidence to refute these claims may stop the proceeding.

3. Administrative or Judicial Appeals

If an immigration judge issues a removal order, you have the right to appeal this decision to the Board of Immigration Appeals (BIA). To exercise this right, you must file your appeal within 30 days. If the BIA denies the appeal, the case can be brought before a Federal Court of Appeals.

4. Prosecutorial Discretion

The Department of Homeland Security (DHS) has the authority to decide whether to pursue removal in certain cases. You may request prosecutorial discretion, especially if you can demonstrate compelling humanitarian factors, such as severe illness or family ties to U.S. citizens.

Common Challenges in Fighting Removal Proceedings

Stopping removal proceedings is not without challenges. These cases often involve:

• Complex Legal Procedures

Immigration law is complex, demanding a thorough grasp of statutes, case law, and administrative processes to navigate its intricacies effectively.

• Short Timelines

Filing deadlines for defenses, appeals, or applications are strict. Missing a timeline can severely impact your case.

• Limited Resources

Noncitizens do not have access to government-appointed attorneys, leaving the responsibility to hire private legal representation.

How We Can Help

At Kriezelman Burton & Associates, LLC, we understand the anxiety that comes with facing removal proceedings. Our team offers:

• Comprehensive Removal Defense

We explore all potential avenues to stop deportation, from filing for relief to appealing unfavorable decisions.

• Experienced Advocacy

With over 60 years of combined experience, we have successfully represented clients in immigration courts, federal courts, and even the U.S. Supreme Court.

• Personalized Support

Each case is unique. We take the time to understand your unique situation and develop a legal strategy carefully tailored to meet your specific needs.

• Timely Assistance

Whether you are fighting removal or exploring immigration options, we ensure that all processes are handled promptly to meet deadlines.

Take Action Today

If you or a loved one are facing removal proceedings, don’t wait. Your future is too important to leave to chance. Contact Kriezelman Burton & Associates, LLC today for a personalized consultation and trusted support. We will guide you every step of the way to protect your rights and help you achieve the best possible outcome.