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Receiving a notice to appear in immigration court is one of the most frightening experiences a person or family can face. The threat of deportation is real, but it does not always mean removal is inevitable. Immigration law provides several forms of relief that may allow someone to remain in the United States lawfully, even after removal proceedings have begun. Understanding those options is the first step toward building a meaningful defense.
What Does It Mean to Be in Removal Proceedings?
Removal proceedings begin when the government files a Notice to Appear with the immigration court, formally charging a noncitizen with removability.
When U.S. Immigration and Customs Enforcement (ICE) determines that someone may be subject to removal, it initiates the process by filing a Notice to Appear (NTA) with an immigration court under the jurisdiction of the Executive Office for Immigration Review (EOIR). The respondent, the person facing removal, must then appear before an immigration judge to answer those charges.
Being placed in removal proceedings does not automatically mean deportation. The respondent has the right to present a defense, apply for relief, and appeal unfavorable decisions to the Board of Immigration Appeals (BIA).
What Forms of Relief Are Available in Immigration Court?
Several forms of relief may be available in immigration court, including cancellation of removal, asylum, withholding of removal, and adjustment of status.
The type of relief a person qualifies for depends on their immigration history, family ties, length of residence in the U.S., and the specific circumstances that brought them into proceedings. Below are the most commonly pursued options.
Cancellation of Removal
Cancellation of removal is available in two distinct forms depending on whether the respondent is a lawful permanent resident (LPR) or a non-LPR.
For LPRs, cancellation requires five years of lawful permanent residence, seven years of continuous residence in the U.S. after a lawful admission in any status, and no conviction for an aggravated felony. If granted, the person retains their green card.
For non-LPRs, the bar is higher. The applicant must show ten years of continuous physical presence, good moral character during that period, and that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child, a standard that requires hardship substantially beyond what is typically expected in deportation cases. These cases require strong documentation and a compelling factual record.
However, the ‘stop-time rule’ (for both LPRs and non-LPRs) generally ends the accrual of continuous residence or physical presence when a Notice to Appear is served or when the individual commits certain offenses that render them inadmissible or removable, whichever comes first.
Asylum and Withholding of Removal
Asylum is one of the most significant forms of protection available under U.S. immigration law. To qualify, an applicant must demonstrate a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, as defined under the Immigration and Nationality Act (INA) Section 208.
Asylum must generally be filed within one year of arriving in the United States, though exceptions apply for changed or extraordinary circumstances. If asylum is denied but the immigration judge finds that the applicant faces a ‘clear probability’ of persecution (generally interpreted as more likely than not, or over a 50% chance), withholding of removal under INA Section 241(b)(3) may still be granted. Withholding does not lead to a green card, but it prevents deportation to the country of feared harm.
Protection Under the Convention Against Torture
The Convention Against Torture (CAT) offers a separate form of protection for individuals who can show it is more likely than not that they would be tortured by or with the acquiescence of a government official if returned to their home country. CAT protection does not require a nexus to a protected ground and is available even to applicants who are otherwise barred from asylum or withholding.
Adjustment of Status
In some cases, a respondent in removal proceedings may be eligible to adjust status to that of a lawful permanent resident through a qualifying family relationship or employer sponsorship. An immigration judge may have jurisdiction to adjudicate adjustment of status applications in removal proceedings, although in some cases, such as certain arriving aliens, jurisdiction remains with U.S. Citizenship and Immigration Services (USCIS) rather than the court.
Voluntary Departure
Voluntary departure is not a form of protection, but it is worth understanding as a strategic option. Under INA Section 240B, an immigration judge may grant a respondent permission to leave the country voluntarily by a specified date. This avoids a formal order of removal and preserves eligibility for certain future immigration benefits. Departure that occurs after an order of removal bars reentry for years and can trigger permanent bars under some circumstances.
What Happens If Relief Is Denied?
If an immigration judge denies relief, the respondent typically has 30 days to file an appeal with the Board of Immigration Appeals.
An appeal to the BIA is not an automatic second chance; it requires identifying legal error in the immigration judge’s decision. If the BIA affirms the denial, further appeal to the federal circuit court of appeals may be possible depending on the claims raised. The process is procedurally complex, and deadlines are strict.
How We Approach Immigration Court Defense
At Jarrett & Price, LLC, every case is handled directly by an attorney, not delegated to staff. We believe that clients facing removal deserve to have a licensed attorney actively working their case, not simply supervising from a distance. Our clients communicate directly with a managing attorney throughout the entire process, so they always know exactly where their case stands and what is being done on their behalf.
Whether you are in the Duluth area or located in Pooler, our firm is prepared to review your circumstances and identify every available avenue of relief. Contact us online or call 855-909-3021 to speak with an attorney about your case.
