Immigration Removal Defense

Removal defense involves representing and advocating for immigrants facing deportation from the United States. For many immigrants facing removal from the United States, the process involves appearing before an immigration judge in immigration court. Most immigrants cannot afford to have an attorney represent them in court. Sadly, legal representation is the single most important factor in determining whether someone will win or lose their case.

The Immigrant Legal Resource Center (ILRC) builds the capacity of practitioners to represent clients in immigration court proceedings. As national experts in immigration law, the ILRC publishes a hands-on comprehensive manual, Removal Defense: Defending Immigrants in Immigration Court, and offers trainings on this topic. We also support practitioners and pro bono attorneys in their specific cases through our Attorney of the Day (AOD) technical assistance service.

Latest in Removal Defense

A Step-by-Step Guide to Completing FOIA Requests with DHS

12/13/2019

A FOIA request can be an invaluable tool in immigration law to help an immigrant and their representative. This guide details how to complete a FOIA request for USCIS, ICE, OBIM, and CBP. It provides step-by-step instructions on how to complete Form G-639, and also includes tips about alternatives to Form G-639, such as online submission options.

The 237(a)(1)(H) Fraud Waiver: Waiver of Deportability for Persons Inadmissible at Time of Admission Due to Fraud or Misrepresentation

11/27/2019

People who were wrongfully admitted to the United States due to a misrepresentation—i.e., those who were in fact inadmissible at time of admission—may be eligible for a waiver of deportability under INA § 237(a)(1)(H). This lesser-known waiver is only available in removal proceedings and unlike most waiver requests, does not involve any application form or fee . This advisory explains who can...

Obtaining Office of Refugee Resettlement Records for Clients Who Were Detained as Children

11/12/2019

Office of Refugee Resettlement (ORR) records requests are an important tool for advocates who are representing people who were detained in ORR custody as children. This practice advisory discusses the role ORR records play in an immigration case and outlines the process for requesting them.

Eligibility for Relief: Cancellation of Removal for Permanent Residents, INA § 240A(a)

11/12/2019

Cancellation of removal under INA § 240A(a) is an important defense for lawful permanent residents who have become removable, due to criminal record or other reasons. The requirements for statutory eligibility are somewhat complex, and in 2019 the U.S. Supreme Court will hear a case deciding an aspect of the most complex part, the “stop-clock” rule for determining seven years of residence. See...

Sanchez v. Sessions Practice Advisory

10/08/2019

Sanchez v. Sessions was a landmark Ninth Circuit ruling on suppression of evidence and termination of removal proceedings. This advisory explains the decision, lays out the different legal standards for suppression and termination in immigration court, and highlights key holdings that practitioners can use to better defend their clients.