In removal proceedings, the most important question is: what relief is available? Experienced attorneys systematically evaluate every possible option.
Key Takeaways
- Multiple forms of relief may apply to your case
- Eligibility depends on specific facts
- Some relief requires discretionary approval
- Missing a potential claim can be malpractice
Common Forms of Relief
- Cancellation of removal
- Asylum, withholding, CAT
- Adjustment of status
- Voluntary departure
- Waivers of inadmissibility
Prosecutorial Discretion (PD)
Sometimes the best defense is to convince the prosecutor to drop the case. Under current ICE guidance (the "Doyle Memorandum" or successors), prosecutors can agree to "Admin Close" or Dismiss cases that are not priorities (i.e., you are not a threat to public safety). This doesn't give you status, but it gets you out of court.
Voluntary Departure
If you have no other relief, you can ask for Voluntary Departure. This allows you to leave on your own dime rather than being "Deported" (which carries a 10-year bar). It preserves your ability to potentially return legally in the future.
Convention Against Torture (CAT)
CAT is the absolute last line of defense. If you lose Asylum and Withholding of Removal (maybe you have a serious crime), CAT can still save you.
The standard is: "Is it more likely than not (51%) that you will be tortured by the government (or with their acquiescence)?" It doesn't give you a green card. It just means they cannot put you on the plane. You can stay and work, but you can never travel.
Don't Risk Your Legal Future—Get Professional Advice
Every case is unique. Don't rely on general online information. Schedule a consultation to discuss your specific situation with an experienced attorney.
We offer a free 15-minute consultation to review your case.
Get Your Free Consultation NowWhat is the difference between specific and generic relief?
Some relief is case-specific (Asylum). Others are generic (Voluntary Departure). Always aim for relief that grants a Green Card first.
Disclaimer: This article is for general information only and is not legal advice.