What Happens At A Removal Proceeding?

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At a removal proceeding, the government presents their case as to why they believe a person is removable. At that point, it’s up to the defense to present their cause of action that would stop those removal proceedings. There are a number of defenses that could be used. The government has the burden to prove three things: that the individual isn’t a US citizen (which sometimes actually does come into play), that the person is not in the US legally and that the person has committed an act which deems them removable.

Once the judge has determined that the burden has been met by the government, the defense goes forward and shows that they have a valid claim for the defendant to stay in the United States. That can be done through an affirmative defense which states that one or more of the grounds for deportation have not been proven by the government. Alternatively, it can be done through a defensive defense, whereby we either try to cancel the removal proceedings or file a petition for some other claim.

What Can Be Done To Stop Removal Proceedings?

There are a number of defenses that can be presented to the judge in an attempt to stop removal proceedings. In a lot of cases, these defenses result in the person being released from immigration custody with lawful status. Those include applications for permanent residency and adjustments of status. There are also some waivers for criminal or non-criminal conduct. In addition, there is the ability to file an asylum or withholding of removal claim, which we would file through a petition and ask for prosecutorial discretion. There is also the option to file for petitions for temporary protection status, which could be granted to victims of certain crimes. If a person does not qualify for any of these options, then there is voluntary departure. Voluntary departure may have strategically important consequences for the person enabling them. Specifically, it may allow a person to lawfully return to the US sooner than they would have been able to otherwise.

What Are The Requirements For Cancellation Of Removal?

The cancellation of removal can be filed for two different classes of people, the first being those who are lawful permanent residents (or green card holders). The other class of people for whom a cancellation of removal could be filed are those who are not lawful permanent residents but qualify through some other means. In order for a lawful permanent resident to qualify for cancellation of removal, they have to have been a lawful permanent resident in the United States for five years. In addition, they have to have continuously resided within the United States for at least seven years. It is important to note that a person can only apply for cancellation of removal once in their life.

If a person does not have a green card, then they can file for cancellation of removal but they have to have been in the country continuously for at least ten years. In addition, they have to show that an exceptional and extremely unusual hardship would happen to a qualifying relative (who is either a US citizen or lawful permanent resident) if they were removed. They also have to show good moral character and that they have not been convicted of certain disqualifying crimes. If cancellation of removal is granted, then the removal proceeding and deportation ends; the person would be released from custody with status and would be allowed to legally remain in the US.

For more information on Removal Proceedings In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 263-4384 today.