Removal Defense

Protecting Your Safety and Your Human Rights

Dr. Tamara Relis is recognized among the top 1% of most qualified and distinguished USA attorneys, and top 100 immigration lawyers for New York state by the Association of American Trial Lawyers in 2019 & 2018. 

At RelisLaw PLLC we fully understand that deportation, known as ‘removal’ proceedings can be highly stressful and complex. Removal proceedings, start with a ‘Notice To Appear’ in court as a result of charges such as inadmissibility at time of entry or adjustment of status, violations of status, denied asylum, criminal charges, etc.

Depending on the case, the defense plan, actions taken and other factors, a judge may rule that deportation proceed or be dismissed.

Unlike in criminal court, the burden of proof is on you to show why you should be permitted to remain in the U.S. The government has many resources to obtain evidence, witnesses, and to use investigators. So-

It is absolutely critical to be represented by skillful legal counsel to help you defend yourself and fight for your rights, for a chance to win your case!

At RelisLaw, we evaluate your case and determine where the most strategic legal solutions lie.

You will receive support and vigorous advocacy in your deportation defense, from a trained trial advocate, with experience representing over 100 court cases, and who has been a U.S. law professor of Evidence, the most critical aspect of your case.

If there is insufficient evidence to deport you, we quickly seek to terminate the proceedings. Otherwise, we work with you on all available strategies to avoid removal.

These include-

• Adjustment of status to lawful permanent resident
• Waivers (meaning pardons)
• Asylum
• Withholding of removal  
• Convention Against torture
• Temporary protected status
• Deferred action
• Registry
• Cancellation of removal – a legal process that permits both non-lawful and lawful permanent residents to apply, if they meet the requirements.
  • Requirements include – physical presence in the U.S. for at least 10 years, or permanent legal resident for at least 5 years
  • Good behavior – has not been convicted of a serious offense; good moral conduct
  • If it can be shown that removal will result in extreme hardship to the applicant’s permanent resident or U.S. citizen spouse, parents, or children.

If You Have a Removal Order Against You

Dr. Relis helps clients in meticulously preparing and filing-

• BIA Board of Immigration Appeals within 30 days of a removal Order, for a second chance to review your case
• Motions to Reopen or Reconsider
• Motions to Reopen In Absentia Orders –staying your deportation
• Filing form ICE-246 directly with the ICE officer overseeing your case to stay any removal and keep you here while your case is being decided
• For BIA denied appeals, filing a petition for review of your case with your local (circuit) federal court of appeal, along with a motion for a stay of removal while your case is pending in court

If ultimately there is no avenue of relief, we assist in negotiations which allow voluntary departure. This can minimize the consequences of deportation so you may re-enter the U.S.in future.

Stays of Removal

If you are successful in receiving a stay of deportation, then you are protected from the DHS and cannot be deported while a decision in your case is pending.

Courts consider several things in deciding stays of removal such as whether you are likely to succeed based on the facts of your case, if you or other people (e.g. family members) would be irreparably harmed if you were deported, and if issuing your stay of removal would benefit the public.

So, it is critical to have an experienced attorney to help you because the Department of Homeland Security (DHS) can execute a deportation order even while your motion is being decided upon. ​

If Your Appeals Fail

If you fail with the B.I.A. or in court there may be other reasons to postpone your departure date.

This can include medical emergencies, scheduled surgeries, your family needs more time to find work because you are the only one making money, or a child is getting married.

You can make this request by filing a Form I-246 (i.e. an application for a stay of deportation or removal) with Immigration and Customs Enforcement (ICE).  It is beneficial to have a lawyer’s help with this because you can include anything that might help your case.

The administrative stay request is filed with the ERO, Enforcement and Removal Operations of ICE. It must show that the non-citizen’s (and family members) equities, hardship, medical reasons, and ties to this country merit a stay of removal.  

If the stay is approved the ERO officer will place the non-citizen under an order of supervision.  The stay of removal and order of supervision allow the alien to apply for work authorization.

There are many other good reasons to seek this protection. During the pendency of the stay, the law may change to your benefit.  You may also become eligible for the relief for which you were waiting.