Removal / Deportation Defense

At F&D, we help our clients in greater Los Angeles County and the surrounding Southern California area in their fight against deportation. Some of our most common forms of relief include:

Cancellation of Removal 42A

This relief is available to those who have had a green card for five years or more prior to their conviction record that caused the removability to issue.

Cancellation of Removal 42B

This relief is available to those who have been in the United States for over ten years and also have a qualifying relative (LPR or US Citizen child, spouse, or parent).

Detention

Our attorneys will immediately apply for a bond so our clients may be released from ICE custody pursuant to a court order.

In-Court Adjustment of Status

Apply for an I-485 green card through case approval while in immigration court removal proceedings. These are usually based upon approval in the form of an I-130, I-360, U visa, or other approval notice.

237 a 1 H waive

These special waivers are available under limited circumstances for those accused of fraud or convicted of crimes.

Motion to Reopen (MTR)

These motions are utilized for several distinct purposes. Often filed with the Immigration Courts, MTRs are designed to reopen court proceedings and usually to correct a wrong that was perpetrated in a prior court proceeding.

Motion to Terminate (MTT)

These motions are filed when an alien has achieved legal status and removal from the United States is no longer justified under the law. Motions to Terminate will enable immigrants to adjust status to lawful permanent residency through US Citizenship & Immigration Services (US CIS) outside of immigration court.

Motion for Change of Venue

Motion for Change Venue is an available option for immigrants who move and relocate their  residence from one city to another inside the United States.

Motion to Remand

When new forms of relief are available to establish a green card, then a motion to remand might be possible to transfer a case from a higher appellate court back to the immigration court for processing and completion of the lawful residency status.

Requests for Joint Motions

When favorable factors (equities) are present, our team may make a special request to US ICE counsel for their office to join in a mutual agreement to permit final case status processing.  Expert preparation of joint motion requests is an F&D hallmark.

Asylum

Many people come to the United States seeking protection from the government of their home country. Those individuals who fear they will be harmed or persecuted based on facets such as their race, religion, or political views, may be eligible to receive U.S. government protection. Our dedicated attorneys at F&D are here to help our immigrant clients in their asylum cases. Learn more about F&D’s expertise in handling asylum cases

BIA Appeal

The “Board of Immigration Appeals” is a form of appeal through a higher court that can be applied for following an unfavorable decision in immigration court.

Ninth Circuit Appeal

The Ninth Circuit appeal is available for 30 days after the Board of Immigration Appeals issues a BIA denial. Certain restrictions apply.

Withholding of Removal/Stay of Removal:

Humanitarian version of asylum available for those with medical conditions or those who are unable to obtain asylum due to certain criminal convictions.

I-589

This application is used to apply for asylum in the United States and for withholding of removal (formerly called “withholding of deportation”). This application may also be used to apply for protection under the Convention Against.

42A

An immigration judge may use discretion to grant cancellation of removal for a respondent who holds legal permanent resident status if they present sufficient evidence of 7 years of continuous physical presence in the United States, criminal record devoid of aggravated felony convictions, and hardship on U.S. Citizen spouse and/or children.

42B

An immigration judge may use discretion to grant cancellation or removal if the respondent presents sufficient evidence of 10 years of continuous physical presence in the United States, hardship on U.S. citizen spouse and/or children, and good moral character.

BIA

BIAs are appeals processed at the Board of Immigration Appeals. Cases are assessed by our senior attorneys only for the strongest available appellate arguments. F&D also offers additional case processing and counseling.

9th Circuit

The Ninth Circuit appeal is available for 30 days after the Board of Immigration Appeals issues a BIA denial. Certain restrictions apply.

212 Waivers

Various types of I-212 waivers are available to waive and forgive criminal convictions, fraud accusations, or prior deportation to permit final case processing in order to receive a green card approval.

Immigrant victims of crime or violence should contact an attorney at F&D for guidance and assistance in filing a self petition for lawful status.

I-601 Waivers

These waivers are usually available to those people who are outside the U.S. and found inadmissible to the United States during their application process. Inadmissibility can be for various reasons including criminal charges, overstaying your visa, and entering illegally, to name a few.

SIJS

A probate court or family court may find a child (under 21 years old) eligible for this classification if the child was abused, abandoned, or neglected by their parents. After the attorney successfully obtains SIJS classification, the child is eligible to concurrently apply for the I-360, Special Immigrant (as a juvenile declared a dependent in juvenile court) & the I-485, Application for Lawful Permanent Residency in the United States. Cancellation of Removal/10 years in USA.

Admin Closure

Administrative closure is an important tool long used by IJs and the BIA “to temporarily pause removal proceedings” in appropriate circumstances. When a case is administratively closed, the proceedings are halted, the case is removed from the active docket, and the respondent has no future hearing dates scheduled. They are still protected from deportation and may be eligible for employment authorization.

PD Dismissal

Is a kind of temporary relief from deportation for people who are considered a low priority for deportation. Also the power or authority Immigration and Customs Enforcement (ICE) has in regard to deciding the outcome of an immigration case. PD means that ICE can decide what degree to enforce the law against you during your immigration case.

F&D knows that quality legal representation is the most important factor in determining whether you win or lose a case, so be sure to contact us today.