Removal Defense in Court. We Will Fight for You

Removal in the United States is initiated when the government identifies individuals who potentially lack the legal right to remain in the country. Facing removal proceedings in the United States can be a daunting experience, full of uncertainty and legal complexities. It is a situation that requires not just legal understanding, but also a compassionate approach.

At Dominguez Law Firm, PLLC, we specialize in providing robust removal defense. Our team of dedicated South Florida immigration attorneys is committed to protecting your rights and ensuring the best possible outcome in your case.

Defenses Against Removal

A removal proceeding begins with the issuance of a Notice to Appear (NTA), which formally informs the individual of the government’s intention to remove them and outlines the reasons for this action. Numerous defenses can be used in removal proceedings, each tailored to the individual’s circumstances.

  • Adjustment of Status to Permanent Residence: This defense is particularly relevant when an individual has established ties in the United States, such as a family relationship with a U.S. citizen or lawful permanent resident. It involves a detailed application process, during which the applicant must demonstrate eligibility through various documents and, in some cases, an interview.
  • Cancellation of Removal for Non-Permanent Residents: Cancellation of removal provides a lifeline for non-permanent residents who have established deep roots in the U.S. To qualify, applicants must prove continuous physical presence in the U.S. for a specified period to display good moral character, and demonstrate that their removal would result in exceptional and extremely unusual hardship to a U.S. citizen or permanent resident family member.
  • Asylum and Refugee Status: Asylum and refugee status are critical defenses for individuals fearing persecution in their homeland due to race, religion, nationality, membership in a particular social group, or political opinion. Successfully claiming asylum requires a well-documented case demonstrating the fear of persecution and can lead to lawful permanent resident status, offering a chance for a new beginning in a safe environment.
  • Withholding of Removal: This defense, akin to asylum, is crucial for those whose life or freedom would be at risk if returned to their home country. The burden of proof for withholding of removal is higher than asylum; applicants must demonstrate a ‘clear probability’ of persecution upon return. This protection, while not leading to permanent residence, can provide essential safety for those in dire circumstances.
  • Convention Against Torture (CAT) Protection: Under CAT, individuals can seek protection if they can substantiate that they would likely face torture in their home country. This form of relief is distinct from asylum or withholding of removal as it focuses solely on the threat of torture rather than a broader range of persecutions. Successful CAT claims require compelling evidence of the likelihood of torture and offer protection against removal.
  • U Visas for Victims of Crimes: U visas offer a path to safety and legal status for victims of certain crimes who have suffered mental or physical abuse and have been, or are willing to be, helpful to law enforcement in the investigation or prosecution of criminal activity. This visa not only provides relief from removal but also acknowledges and supports the victim’s role in assisting law enforcement efforts.
  • VAWA Self-Petition for Abused Spouses, Parents, and Children: The Violence Against Women Act (VAWA) empowers abused spouses, parents, and children of U.S. citizens and permanent residents to self-petition for legal status, independent of the abuser. This powerful tool offers a path to safety and legal residence, allowing victims to break free from the cycle of abuse and build a secure future in the U.S.
  • Deferred Action for Childhood Arrivals (DACA): DACA is a crucial policy for those brought to the U.S. as children. It does not offer a direct path to lawful permanent residence but provides protection from removal and work authorization, allowing recipients, often known as ‘Dreamers,’ to work, study, and live in the U.S. without the immediate fear of deportation.

The role of a removal defense attorney in these proceedings is crucial and multifaceted. As immigration attorneys in South Florida, we are not only responsible for understanding and interpreting the complex web of immigration laws and regulations but also for advocating on behalf of our clients. We will assess your case’s specifics, identify possible defenses against removal, and develop a strategy tailored to each unique circumstance.

Contact us today for a consultation and let us stand by your side in this fight. Together, we will work towards securing a future for you and your family.

Start Your Journey With Us

If you or a loved one needs assistance with an Immigration matter contact us today or schedule a consultation online to determine how we can help you.

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