How to Stop Deportation and Removal Proceedings from the U.S.

For individuals facing removal proceedings in the United States, the threat of deportation can be overwhelming—but it is not always inevitable. U.S. immigration law provides several legal pathways to halt or avoid removal, depending on individual circumstances, immigration history, and the stage of their case. Whether the goal is to remain with family, apply for a green card, or seek protection from persecution, it is often possible to mount a defense. This guide outlines the most effective legal strategies for stopping removal proceedings, including who qualifies, what forms to file, and how experienced legal representation can make a difference in immigration court.

What Are Removal Proceedings?

Removal proceedings are the legal process through which the U.S. government seeks to deport a noncitizen from the country. Overseen by the Executive Office for Immigration Review (EOIR), these proceedings begin when the Department of Homeland Security (DHS) files a Notice to Appear (NTA) with the immigration court. The NTA outlines the government’s allegations and the legal grounds for removal under the Immigration and Nationality Act (INA).

Once the NTA is issued, the individual must appear before an immigration judge in a series of court hearings. The first is typically a master calendar hearing, where the judge confirms the respondent’s identity, explains the charges, and determines whether the individual admits or contests the allegations. If contested, the case may proceed to a merits hearing, where the respondent can present evidence, apply for relief, and argue why removal should not occur.

Removal proceedings are adversarial by nature, with a government attorney arguing for deportation and the respondent (or their attorney) presenting a defense. Unlike criminal proceedings, there is no public defender system in immigration court—making legal representation especially critical. The outcome may include deportation, a grant of relief (such as asylum or adjustment of status), or termination of the case.

Common Reasons People Are Placed in Removal

There are several reasons why noncitizens may find themselves in removal proceedings, even if they have lived in the United States for years or have applied for legal status. Removal can be triggered by immigration violations, changes in legal status, or contact with law enforcement. Understanding the basis for removal is essential for identifying potential defenses.

1. Visa Overstay

Remaining in the U.S. beyond the expiration of a visa or authorized stay is one of the most common grounds for removal. This includes overstaying a tourist, student, or temporary work visa.

2. Entry Without Inspection (EWI)

Individuals who enter the U.S. without being admitted or paroled—such as by crossing the border without inspection—are considered removable under INA § 212(a)(6)(A).

3. Criminal Charges or Convictions

Certain criminal offenses, including aggravated felonies, crimes involving moral turpitude, or controlled substance violations, can make a noncitizen removable. Even minor charges may trigger proceedings depending on how they interact with immigration law.

4. Denial of Immigration Benefits

A denied green card, asylum application, or visa extension may result in referral to immigration court. This can happen even if the individual applied in good faith.

5. Fraud or Misrepresentation

Providing false information to immigration authorities—whether on a visa application, at a port of entry, or during an interview—can lead to removal proceedings under INA § 212(a)(6)(C).

6. Violation of Conditions of Status

Failing to comply with the terms of a visa—such as unauthorized employment while on a student visa—can also result in proceedings.

Can Removal Proceedings be Stopped or Avoided?

Yes—in many cases, removal proceedings can be stopped, paused, or resolved favorably through one or more legal strategies. Whether a person qualifies to halt deportation depends on their immigration status, the stage of the case, and the relief options available under U.S. law.

Early-stage vs. Late-stage Intervention

The earlier removal proceedings are addressed, the more options may be available. For example:

• Before an NTA is filed: Legal counsel may proactively work with immigration authorities to request prosecutorial discretion or administrative closure if a valid immigration benefit (like an I-130 petition) is pending.
• After receiving an NTA: Defensive applications—such as cancellation of removal, asylum, or adjustment of status—can be filed in court.
• During or after a hearing: Respondents may seek a continuance, file a motion to terminate or suppress, or appeal an unfavorable decision.

Timing can significantly impact what defenses are viable. Missing deadlines or failing to appear in court can severely limit legal remedies.

The Role of Legal Representation

Immigration law is complex, and court proceedings are adversarial. There is no right to a government-appointed attorney, so having legal counsel is critical. A qualified immigration attorney can:

• Evaluate eligibility for relief
• Prepare and file applications and supporting evidence
• Advocate before the immigration judge
• Identify legal errors or due process violations
• Request favorable discretion or termination when appropriate

In many cases, the presence of experienced legal counsel can mean the difference between removal and permanent residency. If you are currently facing deportation, or have received a Notice to Appear (NTA), contact Benach Pitney Reilly today!

Legal Strategies to Stop Removal Proceedings

Several forms of relief and procedural defenses can be used to stop or avoid removal, depending on an individual’s circumstances. These legal strategies are typically presented during immigration court proceedings and must be supported with strong documentation and timely filings. Below are the most common methods to fight removal:

Cancellation of Removal

Cancellation of removal is available to certain individuals who meet specific statutory criteria. There are two primary types:

For Lawful Permanent Residents (LPRs):

• Must have held green card status for at least 5 years
• Resided in the U.S. continuously for 7 years after lawful admission
• No aggravated felony conviction
• Must warrant favorable discretion

For Non–Permanent Residents:

• Physically present in the U.S. for at least 10 years
• Good moral character
• No disqualifying criminal history
• Demonstrate exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent, or child

If granted, cancellation of removal results in lawful permanent resident (green card) status.

Adjustment of Status (Form I-130/I-485)

Individuals in removal proceedings who are eligible for a green card may be able to adjust status through a qualifying relationship, even while in court. This often applies to:

• Spouses of U.S. citizens
• Immediate relatives with approved Form I-130
• Certain employment-based or special immigrant categories

Key considerations:

• Adjustment must be available and admissibility requirements met
• Coordination between USCIS and the immigration court is often necessary
• Concurrent filing (I-130 and I-485) may be possible in some cases

Asylum, Withholding of Removal, and Convention Against Torture (CAT)

Individuals who fear persecution in their home country may be eligible to apply for:

• Asylum: Requires filing within one year of arrival (with limited exceptions)
• Withholding of Removal: Higher legal threshold but does not include a path to a green card
• Protection under CAT: For those facing torture in the country of removal

These applications are presented defensively in court and require extensive documentation.

Prosecutorial Discretion and Administrative Closure

In certain cases, DHS may choose to exercise discretion by:

• Dismissing or administratively closing removal proceedings
• Prioritizing enforcement based on national security, public safety, and border enforcement guidance

Recent memos have revived the use of prosecutorial discretion for non-priority cases, especially those involving strong family ties or pending immigration benefits.

Motions to Terminate or Suppress

Legal counsel may challenge the validity of the proceedings by:

• Filing a motion to terminate if the NTA is deficient or jurisdictionally defective
• Filing a motion to suppress evidence obtained in violation of constitutional or regulatory protections

Termination may end the case outright, allowing for immigration benefits to be pursued through USCIS instead.

Voluntary Departure

In some cases, requesting voluntary departure is a strategic choice:

• Avoids a formal removal order
• May allow for future legal reentry
• Must meet specific eligibility requirements and deadlines

This option should be carefully considered with legal counsel, as it may waive certain rights to further relief or appeals.

What to do if you Receive a Notice to Appear (NTA)?

Receiving a Notice to Appear (NTA) is the official start of removal proceedings. This document, issued by the Department of Homeland Security (DHS), outlines the charges against the noncitizen and orders them to appear before an immigration judge. Taking swift and informed action at this stage is critical to preserving legal options and avoiding an in absentia removal order.

Review the NTA Carefully

• Confirm personal details, alleged immigration violations, and court location.
• Pay attention to the date and time of the first hearing (or note if it’s marked “TBD”).
• Inaccuracies or procedural defects—such as a missing time and place—may form the basis for a motion to terminate proceedings.

Do Not Miss Your Hearing

• Failure to appear at the scheduled hearing can result in a removal order issued in your absence.
• If the hearing date is missing or unclear, follow up with the immigration court via the EOIR hotline (1-800-898-7180) or check the EOIR Case Status portal online.

Contact an Immigration Attorney Immediately

• An experienced attorney can evaluate the NTA, determine potential relief options, and begin preparing a legal defense.
• Early intervention may allow for requests such as prosecutorial discretion or administrative closure before the case advances too far.

Begin Gathering Documentation

• Collect evidence related to your immigration history, family ties, employment, and any humanitarian considerations.
• Documentation will be critical if you pursue adjustment of status, cancellation of removal, or asylum.

The period between receiving an NTA and appearing in court is a critical window of opportunity. Taking informed, timely action can significantly improve your chances of stopping or resolving removal proceedings.

What Legal Options Exist to Stop Deportation in Common Scenarios?

The ability to stop or avoid deportation depends heavily on the individual’s immigration history, current status, and any pending relief applications. Below are several common scenarios in which deportation may be prevented through specific legal strategies.

Facing Removal with a Pending I-130 Petition

A pending or approved family-based immigrant petition (Form I-130) may open the door to adjustment of status, particularly for spouses, parents, or children of U.S. citizens. Immigration judges may grant continuances or allow concurrent filing of Form I-485 if the applicant is eligible.

Married to a U.S. Citizen

Marriage to a U.S. citizen is not an automatic defense against removal, but it can form the basis of an adjustment of status application. The couple must prove the marriage is bona fide and the noncitizen must be otherwise eligible for a green card.

Green Card Holder with Criminal Charges

Lawful permanent residents may be placed in removal proceedings due to criminal convictions. Eligibility for cancellation of removal for LPRs depends on how long they’ve held green card status, continuous U.S. residence, and whether the offense qualifies as an aggravated felony.

Long-Term U.S. Resident Without Status

Noncitizens who have lived in the U.S. for more than 10 years and can demonstrate exceptional and extremely unusual hardship to a U.S. citizen or LPR relative may apply for cancellation of removal for non-permanent residents—a discretionary form of relief.

Victims of Domestic Violence or Trafficking

Individuals who are eligible for relief under the Violence Against Women Act (VAWA), U visa, or T visa may be able to halt removal while pursuing those benefits. These cases require careful documentation and coordination between agencies.

Fear of Return to Home Country

Noncitizens who fear persecution or torture in their country of origin may apply for asylum, withholding of removal, or protection under the Convention Against Torture (CAT). These forms of relief are presented defensively in immigration court.

Parent of U.S. Citizen Children

While having U.S. citizen children does not automatically stop deportation, it may contribute to hardship arguments in a cancellation of removal case, or support a deferred action request based on family unity.

The Role of an Immigration Attorney

Removal proceedings are legally complex, time-sensitive, and often high-stakes. Unlike criminal court, individuals in immigration court are not guaranteed a government-appointed attorney. This makes qualified legal representation one of the most critical factors in determining whether deportation can be stopped.

Strategic Case Evaluation

An experienced immigration attorney can assess the facts of the case, identify all viable forms of relief, and determine whether procedural defenses—such as motions to terminate or suppress—may apply.

Relief Preparation and Filing

Attorneys prepare and submit the necessary applications, such as Form I-485 (Adjustment of Status), EOIR-42B (Cancellation of Removal), or asylum documentation. They ensure that filings are complete, accurate, and supported by strong evidence.

Representation in Immigration Court

Attorneys advocate on the client’s behalf during master calendar and individual hearings. This includes:

• Challenging government allegations
• Presenting evidence and witness testimony
• Cross-examining government witnesses
• Making legal arguments before the immigration judge

Negotiating with DHS Attorneys

Immigration attorneys can request prosecutorial discretion, negotiate stipulations, or seek administrative closure based on recent guidance from the Department of Homeland Security (DHS).

Appeals and Federal Court Litigation

In the event of a denial, attorneys can file appeals with the Board of Immigration Appeals (BIA) or challenge erroneous decisions through federal court review.

Given the complexity of removal defense and the high risk of deportation, legal representation is often the deciding factor in achieving a favorable outcome.

Additional Tips to Improve Your Chances

While legal strategy is essential in removal proceedings, proactive preparation and attention to procedural details can significantly improve the chances of success. The following practical tips can help strengthen a defense against deportation:

• Maintain Consistent Attendance and Communication
  • Always appear for scheduled hearings. Missing a court date can result in an automatic order of removal.
  • Update any changes of address promptly with both USCIS (Form AR-11) and the immigration court (EOIR-33).
• Keep Organized Records
  • Maintain a complete file of all immigration documents, court notices, receipts, and prior applications.
  • Include evidence of continuous residence, employment, tax filings, school records, and family relationships.
• Demonstrate Rehabilitation and Good Moral Character
  • If prior violations or arrests exist, show efforts toward rehabilitation, such as community service, counseling, or certificates of completion.
  • Gather reference letters from employers, community leaders, religious institutions, or educators.
• Document Hardship to U.S. Citizen or LPR Family Members
  • Prepare medical records, psychological evaluations, financial dependency documents, and school reports to support cancellation of removal or deferred action claims.
  • Focus on U.S. citizen or lawful permanent resident spouses, parents, and children.
• Stay Informed and Respond Promptly
  • Read all notices carefully and respond to any Requests for Evidence (RFEs) or hearing changes in a timely manner.
  • Monitor case status through EOIR’s online portal or hotline to avoid missed updates.

Being well-prepared and responsive during proceedings not only supports a strong legal defense but also signals credibility and diligence to the immigration judge.

Related Services from Benach Pitney Reilly Immigration

Stopping removal proceedings often involves multiple areas of immigration law. Benach Pitney Reilly Immigration offers comprehensive representation across the legal pathways most commonly used to fight deportation. Our attorneys bring deep experience and strategic insight to each of the following service areas:

Defensive Asylum: Representation for individuals seeking protection from persecution under asylum, withholding of removal, or the Convention Against Torture (CAT).

Marriage-Based Adjustment of Status: Legal guidance for noncitizens in removal proceedings who are married to U.S. citizens or lawful permanent residents and eligible to apply for green cards through Form I-130 and Form I-485.

Cancellation of Removal: Assistance with both LPR and non-LPR cancellation cases, including hardship documentation, good moral character arguments, and court advocacy.

Waivers of Inadmissibility: Preparation of Form I-601 and I-602 waivers for clients facing legal or procedural barriers to adjusting status while in proceedings.

Federal Court Litigation: Appellate advocacy and judicial review for individuals who receive adverse immigration court decisions or face unreasonable delays from USCIS or EOIR.

Motions to Reopen or Terminate: Strategic filings to challenge defective NTAs, pursue new relief, or respond to material changes in circumstances or eligibility.

Whether seeking to defend against removal or to pursue relief affirmatively, our team is committed to protecting clients’ rights and guiding them through the complex immigration court process.

Protecting the Right to Remain in the U.S.

Facing removal proceedings can be overwhelming, but it does not mean that deportation is inevitable. U.S. immigration law provides multiple legal pathways to remain in the country—many of which depend on timing, documentation, and legal advocacy. Relief is available for those who act quickly, know their rights, and pursue the correct strategy.

Whether through adjustment of status, cancellation of removal, asylum, or a motion to terminate, the right legal approach can make a lasting difference. For individuals with deep ties to the United States—such as family relationships, long-term residence, or fear of return—federal law often offers a chance to remain and build a secure future.

At Benach Pitney Reilly Immigration, we believe every person deserves a vigorous defense and a fair opportunity to stay in the U.S. Our team brings compassion, strategy, and courtroom experience to every case we take on.

If removal proceedings have begun, don’t wait. Contact our office today to discuss your options and begin protecting your right to remain in the United States.