How to Fight Deportation: An Overview of Your Legal Options
How to Fight Deportation: An Overview of Your Legal Options
Facing deportation can be overwhelming, but it’s important to know that you have rights and legal options. At the Law Office of Michael P. Kenny, we assist immigrants in Denver, Colorado, who are at risk of removal from the United States. If you or a loved one is in deportation proceedings, understanding the tools available to challenge removal can be a crucial first step.
Understanding Deportation Proceedings
Deportation, also called removal, is the legal process used to expel non-citizens from the United States. It typically begins when Immigration and Customs Enforcement (ICE) files a Notice to Appear (NTA), listing the charges against you. From there, your case is heard in immigration court before a judge.
Common Legal Defenses to Deportation
There are several ways to fight deportation, depending on your unique circumstances:
1. Cancellation of Removal
This form of relief is available to both lawful permanent residents (LPRs) and non-permanent residents who meet certain criteria. For LPRs, you must show continuous residence in the U.S. for at least 7 years and good moral character. For non-LPRs, you generally must demonstrate 10 years of continuous presence and that your removal would cause extreme hardship to a U.S. citizen or permanent resident spouse, child, or parent.
2. Asylum, Withholding of Removal, and CAT Protection
If you fear returning to your home country due to persecution, you may be eligible for asylum or other humanitarian protections like withholding of removal or protection under the Convention Against Torture (CAT).
3. Adjustment of Status
If you’re eligible to become a lawful permanent resident—perhaps through a family member or employer—you may be able to adjust your status, even while in removal proceedings.
4. Waivers of Inadmissibility or Deportability
Some immigrants may be able to apply for waivers that excuse certain immigration violations or criminal issues. These waivers are complex and typically require proving hardship to a qualifying U.S. relative.
5. Prosecutorial Discretion or Administrative Closure
In some cases, ICE may agree to pause or close your case due to humanitarian factors, such as serious health issues or family responsibilities.
6. Appeals
If an immigration judge orders your removal, you may be able to appeal the decision to the Board of Immigration Appeals (BIA), and in some cases, to federal court. Timelines are strict, so prompt action is essential.
Take Action Early
Your chances of avoiding deportation are much higher when you act quickly. Having a skilled immigration attorney can make all the difference in identifying the right strategy and protecting your rights throughout the process.
How the Law Office of Michael P. Kenny Can Help
Based in Denver, Colorado, we help immigrants throughout the region navigate removal proceedings and assert their legal rights. We take the time to understand each client’s background, immigration history, and available relief options. Whether you’re seeking asylum, applying for cancellation of removal, or pursuing an appeal, we’re here to advocate for your future in the United States.




