Jan 04

Defenses against removal – Part I

For many resident hopefuls, the fear of deportation / removal is always hanging over their heads. Many despair that a ruling of removal cannot be challenged, though this is not the case. Here are a few defenses that your immigration attorney might use in your defense.

  • Those under conditional permanent residence must keep their noses clean during their probationary period, and at the end of this period they must file Form I-751, Petition to Remove the Conditions of Residence. Alas, many forget to file this, which means that the government will begin the removal process against them. In many cases, renewal of  the I-751 can serve as a defense.
  • If you have suffered harm or believe that you will suffer harm if you return to your country of birth, you may apply for asylum and withholding of removal and relief. However, don’t count on an asylum defense in most cases, because they are extremely rare. You will be asked to jump through hoops to “prove” that what you have or will experience will be legally defined persecution, which is defined by the United Nations Convention Against Torture.
  • Prosecutorial Discretion happens when the attorneys representing the government may close a can at will, sort of like declining to prosecute in criminal law. They may believe that the case against you will be difficult for them to prove, or that it will consume too much in the way of resources. Interestingly however, you can actually apply for prosecutorial discretion, so it won’t hurt to try your luck.

 

Check out Part II in a couple of weeks.