Deportation Defense in Immigration Court
Michael P. Gianelli, Esq., is a proven Denver deportation lawyer. He has defended noncitizens in removal proceedings in United States Immigration Court in Aurora and Denver. Having an attorney in immigration court will drastically increase your chances of avoiding deportation.
There are a number of defenses to deportation, including, but not limited to, the following:
Cancellation of Removal: Cancellation is available for both lawful permanent residents (LPRs or green card holders) and individuals without lawful status in the United States. The elements of cancellation of removal depend on an individuals immigration status.
For example, a green card holder in removal proceedings must at a minimum prove: (1) seven years of continuous residence after admission to the United States; (2) five years as a lawful permanent resident; and (3) that s/he has not been convicted of an aggravated felony. On the other hand, a non-green card holder must demonstrate: (1) ten years of continuous physical presence in the United States; (2) good moral character during that period of time; (3) no disqualifying criminal offenses; and (4) exceptional and extremely unusual hardship to a United States citizen or LPR spouse, parent or child.
In addition, a different form of cancellation of removal under the Violence Against Women Act exists for individuals that can demonstrate: (1) three years of continuous physical presence; (2) that s/he is a victim of battery or extreme cruelty; and (3) extreme hardship hardship to the applicant or a U.S. citizen or LPR spouse, parent or child.
Adjustment of Status: Adjustment is an application to the immigration court for a green card based upon a qualifying family or employment relationship. In many instances, waivers of applicable inadmissibility grounds must be submitted to the judge in order to successfully complete adjustment of status in immigration court.
Asylum: To qualify for asylum, an applicant must show at a minimum past persecution or a well-founded fear of future persecution on account of race, religion, nationality, political opinion or membership in a particular social group. Many individuals are referred to immigration court after they affirmatively apply for asylum with the United States Citizenship and Immigration Service. If that occurs, an applicant gets another opportunity to seek asylum before an immigration judge.
Additional Considerations: In addition to seeking relief from deportation, an important step in a removal proceedings may include making a bond application to the immigration judge. Michael Gianelli has successfully applied for bond reductions and defeated charges that an individual is subject to mandatory detention.
Furthermore, Michael P. Gianelli, Esq., can help clients get Employment Authorization Documents (work permits) while removal proceedings are pending.
Finally, some noncitizens in removal proceedings may be entitled to Prosecutorial Discretion even if they are not eligible for statutory relief. Michael Gianelli can present your case to the Department of Homeland Security in a way that increases your chances of receiving a favorable discretionary decision.