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Cancellation of Removal Attorney
in Phoenix, Arizona

Removal Defense in Immigration Court

If you are a loved one is facing a deportation proceeding in immigration courts, it is important you obtained effective deportation defense. Non-permanent immigrants and Lawful Permanent Residents can be placed into removal proceedings.

If you have been detained by Immigration and Customs Enforcement (ICE) for being in the country illegally, you have the right to appear before an immigration judge. Unlike criminal defense, someone who is in immigration proceeding does not have a Constitutional right to an attorney. It is important that you hire an experience attorney to represent you in all stages of your proceeding. Keep in mind that the Department of Homeland Security (DHS) will be represented by an experience trial attorney who handles only removal cases.

There are various forms of relief in immigration court. Our deportation defense lawyers will evaluate your case and see what relief you may qualify for.

Cancellation of Removal for Non-Permanent Residents

To be eligible for Cancellation of Removal for Non-Permanent Residents or 42B, you must establish that:

  1. Prior to the service of the Notice to Appear (NTA), you have maintained continuous physical presence in the United States for ten (10) years or more,

  2. You’ve been a person of good moral character during such period;

  3. You have not been convicted of certain criminal offenses

  4. Your removal would result in exceptional and extremely unusual hardship to your United States citizen or lawful permanent resident spouse, parent, or child, and;

  5. You are deserving of a favorable exercise of discretion on your application

Or you may also file the 42B if:

  1. You have been battered or subjected to extreme cruelty in the United States by your United States citizen or lawful permanent resident spouse or parent, or you are the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or lawful permanent resident parent;

  2. Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for three (3) years or more;

  3. You have been a person of good moral character during such period;

  4. You are not inadmissible under the INA;

  5. You have not been convicted of an aggravated felony

  6. Your removal would result in extreme hardship to you or your child who is the child of a United States citizen or lawful permanent resident; or
    a. You are a child whose removal would result in extreme hardship to your or your parent; and

  7. You are deserving of a favorable excursion of discretion in your application