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Removal Defense

The Law Office of Patricia Rivera is here to guide and support you through the process of removal defense cases. Attorney Patricia Rivera guides individuals facing deportation through the complex legal process, advocating for their rights and presenting compelling arguments to immigration authorities and judges. She helps clients understand their options for relief from removal, such as asylum, cancellation of removal, or adjustment of status, and works diligently to build a strong defense tailored to each client’s unique circumstances. With Patricia’s expertise and dedication, clients can navigate removal proceedings with confidence and strive to achieve the best possible outcome for their immigration status.

Understanding Removal Defense

What is Removal Defense?

Removal defense refers to the legal process by which individuals facing deportation or removal from the United States seek to challenge their removal and remain in the country lawfully. It involves presenting arguments and evidence to immigration authorities and, if necessary, before an immigration judge to demonstrate eligibility for relief from removal.

Five Grounds to Withhold Removal:

Proof of persecution or fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
Risk of torture if returned to the home country.
Convention Against Torture (CAT) protection for individuals who would more likely than not be tortured if removed.
Legal eligibility for asylum based on persecution or fear of persecution.
Qualification for cancellation of removal based on specific criteria, such as length of residence and family ties in the United States.

What Happens During Removal Proceedings?

During removal proceedings, individuals appear before an immigration judge who reviews their case and hears arguments from both the individual and the government’s attorney. The judge considers factors such as the individual’s immigration status, grounds for removal, and eligibility for relief from removal.

Grounds of Removal:

The grounds of removal, also known as deportability grounds, include various violations of immigration law such as unlawful presence, criminal convictions, fraud or misrepresentation, and security-related grounds.

How to Stop Removal Proceedings:

To stop removal proceedings, individuals may seek relief through various legal avenues such as asylum, cancellation of removal, adjustment of status, or waivers of inadmissibility. It’s essential to consult with an experienced immigration attorney who can assess the individual’s case and explore available options for relief.