How can you fight deportation?

If you face deportation, it is crucial to look at all options to prevent it and preserve your right to remain in the United States.

There are two broad categories. First, you can seek discretionary relief. You do this while your removal hearing is still ongoing.

If you fail with that, you can try to seek judicial relief. You do this after the removal hearing. In effect, you appeal the court’s decision.

Let’s look at both in more detail:

Discretionary relief

You need to show the court why they should not deport you. Here are some of the reasons why:

  • You have the right to be here as a permanent resident or temporary resident
  • You are eligible to adjust your status to gain permanent residency
  • You are eligible for asylum because deporting you would put you in serious danger


Judicial relief

You need to show why the court’s decision was wrong. To do this, you appeal to the Board of Immigration Appeals.

None of these options are straightforward. Yet if you are deported, your life could soon become even more complicated.

Alternatively, you may decide the best course of action is to leave voluntarily. As odd as this might seem when you are seeking to stay, avoiding the black mark against your name that deportation would bring could leave you in a stronger position to try to re-enter legally once you are out of the country.

Getting legal help to examine all options will be crucial to increasing your chances of success when fighting deportation.


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