Deportation and removal proceedings
Under the Immigration and Nationality Act, a person in deportation proceedings may be eligible for certain relief, which would allow them to stay in this country. The following are certain forms of relief that a person may be eligible for.
- Asylum
- Appeals to the Board of Immigration Appeal Court
- Cancellation of Removal
- Criminal conviction and fraud waivers
- Defense in removal/deportation proceedings
- Defense during bond hearings
- Post-conviction relief
CANCELLATION OF REMOVAL
Cancellation of removal is a remedy that may be available to people who are here legally and illegally. There are two forms of Cancellation of Removal: one is for people with no legal status in this country and the other is for certain permanent residents.
Permanent Residents
Under the regulation in INA §240A(a), a person who is a permanent resident is eligible for cancellation of removal if he/she:
- Has been a permanent resident for not less than five years;
- Has resided in the United States for not less than seven years in any status; and
- Has not been convicted of an aggravated felony.
Non-Permanent Residents
A non-permanent resident may still apply for cancellation of removal if he/she:
- Has continuously resided in the United States for at least ten years.
- Has been a person of good moral character throughout his/her entire time in the country;
- Is not otherwise subject to criminal bars arising from a conviction of any crime outlined in INA §212(a)(2), §237(a)(2), or §237(a)(3); and
- Establishes that deportation would result in “exceptional and extremely unusual hardship” to the spouse, parent, or child who is a United States citizen or legal permanent resident.
BOND DETERMINATION
Before a person is deported, he/she is arrested by Immigration Customs Enforcement (ICE) and placed in immigration detention. While in detention, the person may be eligible for bond, depending on his/her criminal and immigration history (INA § 236). An experienced attorney will review the facts of the case and determine eligibility for bond.
