Removal Defense

Removal Defense

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Defense strategy for clients facing removal — built on every form of relief the law makes available.

Removal Defense That Starts With Your Options

Removal defense is less a single strategy than a careful inventory of every form of relief you may qualify for — cancellation of removal, asylum, adjustment of status, waivers, prosecutorial discretion, or termination of proceedings. We work through each of them with you, identify the strongest path, and build the record the immigration judge needs to grant it.

Stakeholder engagement

Defense Strategies We Pursue:

  1. Cancellation of Removal:
    • 42B cancellation for non-permanent residents — ten years of physical presence, good moral character, and exceptional and extremely unusual hardship to a qualifying relative.
    • 42A cancellation for lawful permanent residents with seven years of continuous residence and five years as an LPR.
    • VAWA cancellation for survivors of domestic violence.

  2. Asylum and Related Protection in Court:
    • Defensive asylum, withholding of removal, and Convention Against Torture protection presented before the immigration judge.
    • See our Asylum & Humanitarian Relief page for the full scope of this work.

  3. Adjustment of Status Before the Court:
    • Green card applications through a family or employment petition heard by the immigration judge, including K-1 adjustment and stepchild petitions.

  4. Waivers of Inadmissibility and Deportability:
    • 212(h) waivers for certain criminal grounds; I-601 and I-601A waivers for unlawful presence and fraud; 237(a)(1)(H) fraud waivers; former-LPR relief where available.

  5. Termination, Administrative Closure, and Prosecutorial Discretion:
    • Challenging defective Notices to Appear and moving for termination where the government cannot meet its burden.
    • Negotiating with ICE Office of the Chief Counsel for administrative closure, dismissal, or stipulated relief.

  6. Bond and Custody Advocacy:
    • Custody redetermination hearings, parole requests, and release planning for clients held at the Tacoma Northwest ICE Processing Center and other regional facilities.

  7. Appeals and Post-Order Relief:
    • Appeals to the Board of Immigration Appeals, motions to reopen and reconsider, and petitions for review at the Ninth Circuit.

How We Approach a Removal Case:
  • A full review of your immigration history, criminal record (if any), family ties, and prior applications before we settle on a strategy.
  • An honest read on the risks and timeline of each option — not just the best one on paper, but the one most likely to succeed on your facts.
  • Tight coordination with family, employers, and prior counsel when the record requires it.

If you have received a Notice to Appear or are already in proceedings, the sooner we can evaluate your case, the more options you are likely to have.

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Ready to start your journey?

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Work with Gonzales Law to make your immigration dreams a reality.