Empowering Immigrants, Strengthening America
Several defenses can stop or pause removal in New Jersey immigration courts. The right deportation defense depends on your immigration history, family ties, criminal record, and the conditions in your home country. DeCosmo Law can review your circumstances and help determine the best defense for your case.
Asylum and Withholding of Removal
Asylum protects individuals who fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Withholding of removal offers a similar shield with a higher burden of proof but no path to permanent residency.
Cancellation of Removal
Cancellation of removal allows long-term residents to remain in the country if they meet strict requirements. Lawful permanent residents and certain non-permanent residents who can show continuous presence and hardship to qualifying relatives may pursue this form of relief in Newark Immigration Court.
Adjustment of Status
Adjustment of status allows eligible noncitizens to become lawful permanent residents without leaving the United States. Family-based petitions, employment sponsorship by New Jersey businesses, or special immigrant categories regularly serve as the foundation for these applications during removal proceedings.
Waivers of Inadmissibility
Waivers of inadmissibility forgive specific grounds that would otherwise block lawful status, such as certain criminal convictions, immigration fraud, or unlawful presence. Your eligibility depends on many factors, including family hardship, length of time you’ve resided in the U.S., and the specific ground triggering the bar.
Prosecutorial Discretion
Prosecutorial discretion allows Immigration and Customs Enforcement (ICE) to pause, dismiss, or administratively close cases when humanitarian factors weigh heavily. Several circumstances commonly support a discretion request:
- Long residence in the United States
- United States citizen family members
- Serious medical conditions
- Service to the community
- Status as a crime victim or witness
- Strong employment history
Voluntary Departure
Voluntary departure allows you to leave the country on your own terms rather than receiving a formal removal order. Departing voluntarily preserves future immigration options by avoiding the lengthy reentry bars that follow a deportation order issued by an immigration judge.
Convention Against Torture (CAT)
The Convention Against Torture (CAT) prohibits removal to any country where it is more likely than not that a person would be subjected to torture by or with the consent or acquiescence of the government. Unlike asylum, CAT protection is not barred by criminal history, which means it may still be available even when other forms of relief are not.
Legal Procedural Defenses
Procedural defenses challenge the government’s case on legal grounds rather than relying on humanitarian relief. There are several open avenues to terminate proceedings, including the following:
- Defective Notice to Appear documents
- Improper service of charging papers
- Lack of jurisdiction
- Fourth Amendment violations during arrest
- Ineffective assistance of prior counsel
- Eligibility errors in the charging document
Motions to Reopen and Reconsider
Motions to reopen and reconsider give you a second chance after an unfavorable decision. Under 8 USC 1229a(c)(7) of the Immigration and Nationality Act, reopening generally requires new evidence or changed country conditions filed within ninety days of the final order.
Fighting Your Deportation Order
Removal proceedings carry consequences that reach every part of your life. Whether you face an upcoming hearing in Newark Immigration Court or have already received a removal order, time matters.
Contact DeCosmo Law at 856-361-2122 to schedule your consultation with our deportation defense lawyers in New Jersey who can evaluate your eligibility for relief and chart the strongest available defense under federal immigration law.