Litigation & Defense in Removal Proceedings
Karam Law has multiple attorneys who are highly experienced in litigation work – both defending those who have been placed in removal proceedings, as well as bringing lawsuits in Federal Court when the government has not complied with legal and regulatory requirements.
Federal Court
Under federal law, U.S. agencies must act on immigration applications within a reasonable time. If a case is delayed without good cause, individuals may file a lawsuit in federal court to compel action or demand an explanation. In cases of unlawful detention, a habeas petition may be filed. Not all delays or detention are appropriate for a federal lawsuit, which is why it’s crucial to speak with an experienced immigration attorney. We will evaluate your case, explain your options, and develop a legal strategy tailored to your situation.
Immigration Court
Non-citizens can be placed in removal proceedings if they are found to be deportable or inadmissible, both of which are defined under federal law. If you or someone close to you are placed in removal proceedings, it will be important to get in contact with an immigration attorney as quickly as possible to determine what options or defenses may be available. Below, we have outlined some common defenses that can be brought in immigration court. Please note: there may be other options available, depending on the specifics of the situation.
- Contested Removability – This is the first option that must be considered when a non-citizen is placed in removal proceedings. The first question Karam Law attorneys consider is whether the Department of Homeland Security has correctly and accurately charged a non-citizen. The burden of proof is on the government to prove that the charges that they have brought are supported by clear and convincing evidence. Non-citizens can challenge the Department of Homeland Security charges if they believe any of the information in the Notice to Appear document is incorrect.
- Asylum, Withholding of Removal, and protections under the Convention Against Torture – This can be pursued as a defense to removal proceedings, either as the primary option or secondary to other forms of relief. Please see information above on asylum for additional information.
- Cancellation of Removal – A discretionary form of relief that may be granted to either lawful permanent residents or certain non-permanent residents who face removal from the United States in immigration court proceedings. This form of relief has been instituted to lessen the harsh consequences of removal for those non-citizens who have been present in the United States for long periods of time, have significant ties to their communities and, for those who are not yet permanent residents, have either lawful permanent resident or US-citizen family members that would face extreme hardship upon removal of the alien.
- Adjustment of Status – An application to become a permanent resident can be pursued in front of the immigration judge, or for certain non-citizens, with USCIS, even when in removal proceedings.
- Waivers – A waiver is a form of legal relief that forgives certain grounds of inadmissibility, which would otherwise prevent a non-citizen from getting a green card or visa. Common reasons for inadmissibility include fraud, criminal history, prior deportation, or unlawful presence. If eligible, a person can request a waiver when applying for adjustment of status, a visa, or—in some cases—even after already becoming a permanent resident. For some waivers, the applicant will need to prove extreme hardship to a specific qualifying relative, who is a U.S. citizen or lawful permanent resident. For most, the non-citizen has to prove that they merit the forgiveness of the U.S. government based on having more positive considerations in their background than negative.
- Alternatives to Defenses in Removal – In some cases, relief can be pursued during or instead of removal proceedings. For example, voluntary departure allows a non-citizen to leave the U.S. without a deportation order, helping preserve future immigration options. In other situations, obtaining humanitarian protections from USCIS may lead to dismissal of removal proceedings if lawful status is granted.