Agyare Law Group

Deportation Proceedings

Fight For Your Rights

DEPORTATION AND REMOVAL PROCEEDINGS

Under the Immigration and Nationality Act, a person in deportation proceedings may be eligible for certain relief, which would allow them to stay in this country. The following are certain forms of relief that a person may be eligible for.

  • Asylum
  • Appeals to the Board of Immigration Appeal Court
  • Cancellation of Removal
  • Criminal conviction and fraud waivers
  • Defense in removal/deportation proceedings
  • Defense during bond hearings
  • Post-conviction relief
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CANCELLATION OF REMOVAL

Cancellation of Removal is a remedy that may be available to people who are here legally and illegally.   There are two forms of Cancellation of Removal: one is for people with no legal status in this country and the other is for certain Permanent Residents.

Permanent Residents

Under the regulation in INA §240A(a), a person who is a Permanent Resident is eligible for Cancellation of Removal if he/she:

  • Has been a Permanent Residence for not less than five years;
  • Has resided in the United States for not less than seven years in any status; and
  • Has not been convicted of an aggravated felony.

Non-Permanent Residents

A Non- Permanent Residents may still apply for Cancellation of Removal if he/she:

  • Has continuously resided in the United States for at least ten years.
  • Has been a person of good moral character throughout his/her entire time in the country;
  • Is not otherwise subject to criminal bars arising from a conviction of any crime outlined in INA §212(a)(2), §237(a)(2), or §237(a)(3); and
  • Establishes that deporation would result in “exceptional and extremely unusual hardship” to the his/her  spouse, parent, or child who is a United States citizen or legal permanent resident.

BOND DETERMINATION

Before a person is deported, he/she is arrested by Immigration Customs Enforcement (ICE) and placed in immigration detention. While in detention, the person may be eligible for bond, depending on his/her criminal and immigration history (INA § 236). An experienced attorney will review the facts of the case and determine eligibility for bond.