DEPORTATION &
REMOVAL DEFENSE
FEDERAL LITIGATION
Aggressive Defense Before Immigration Courts (EOIR), The BIA & Emergency Injunction Relief in U.S. Federal District Courts
Kameli Law defends individuals facing removal proceedings under INA § 240, litigating cancellation of removal, asylum, motions to reopen, and emergency federal stays of deportation nationwide.
Request an Urgent Removal Defense ConsultationExecutive Office for Immigration Review (EOIR) Trial Authority
The Deportation Defense & Federal Litigation Practice at Kameli Law represents lawful permanent residents, nonimmigrant visa holders, and undocumented individuals facing removal proceedings under INA §§ 237, 212, and 240. Whether initiated through visa overstays, alleged fraud, criminal convictions, or border detentions, we litigate before the Executive Office for Immigration Review (EOIR), the Board of Immigration Appeals (BIA), and U.S. Federal Courts of Appeals to secure bond releases, cancel deportations, and restore lawful permanent residence.
Trial Court Defense
EOIR Master & Individual Merits Hearings
Federal Injunctions
Emergency Stays of Removal in District Court
Appellate Advocacy
BIA Appeals & Circuit Petitions for Review
In one of our firm’s landmark federal victories, Kameli Law successfully secured an emergency federal injunction from a U.S. District Court preventing the unlawful deportation of an asylum seeker denied administrative due process near the border, establishing that executive actions cannot deprive an individual physically present in the United States of their constitutional right to seek legal relief before a judge.
Forms of Relief from Removal
Select a defense mechanism below to examine statutory standards, evidentiary thresholds, and emergency stay remedies.
A powerful trial defense that cancels deportation and grants or preserves permanent residency. Available to lawful permanent residents who maintain 5 years of LPR status and 7 continuous years in the U.S., or non-residents with 10 years of physical presence whose removal would cause exceptional hardship.
Show 10-Year Continuous Physical Presence & Hardship Thresholds
EOIR-42A (LPR Defense): Requires 5 years of permanent residence, 7 years continuous presence, and absence of an Aggravated Felony.
EOIR-42B (Non-LPR Defense): Proving 10 years continuous physical presence, good moral character, and exceptional and extremely unusual hardship to a USC or LPR spouse, parent, or child.
Immediate Green Card Conferral: Successful non-LPR cancellation grants full Lawful Permanent Resident status directly from the immigration judge.
Defending individuals who face persecution or torture in their home country based on race, religion, nationality, political opinion, or membership in a particular social group (PSG). When statutory bars prevent asylum, we litigate mandatory Withholding of Removal or CAT protection.
Show Persecution Evidentiary Standards & One-Year Filing Exceptions
Asylum (Form I-589): Establishing past persecution or a well-founded fear of future persecution on account of a protected statutory ground.
Withholding of Removal (INA § 241(b)(3)): Demonstrating a clear probability (more likely than not) of persecution, bypassing the 1-year filing bar.
Convention Against Torture (CAT): Mandatory relief protecting individuals from deportation if torture would be inflicted by or with state acquiescence.
Representing detained immigrants held in ICE detention centers. We petition immigration judges for immediate bond hearings and custody redetermination, proving by clear evidence that the respondent is neither a flight risk nor a danger to the community.
Show Bond Hearing Strategy & Mandatory Detention Exceptions
Matter of Guerra Balancing Test: Assembling residential proof, employment records, family ties, and character references to secure lowest cash bond.
Challenging Mandatory Detention: Litigating under INA § 236(c) to establish that criminal offenses or border arrivals do not trigger automatic detention.
Parole Petitions to ICE: Filing formal humanitarian parole requests directly with ICE field office directors for medically vulnerable detainees.
Rescuing cases that have already received final orders of removal. We overturn in absentia orders due to defective Notice to Appear (NTA) service, file timely appeals to the Board of Immigration Appeals (BIA), and seek emergency stays of removal in U.S. District and Circuit Courts.
Show In Absentia Rescission & Federal Injunction Mechanics
In Absentia Rescission: Rescinding removal orders entered when an immigrant missed court due to lack of notice under Pereira/Niz-Chavez precedents.
BIA Appellate Review: Filing timely 30-day appeals to the Board of Immigration Appeals, obtaining automatic statutory stays of deportation.
Emergency Federal Stays & Habeas: Filing emergency injunction motions and writs of habeas corpus in federal court to stop imminent flights.
Litigation Matrix
Removal Defense Vehicles & Standards of Review
Comparing jurisdictional standards, evidentiary burdens, and resulting legal statuses in immigration court.
| Defense Remedy | Applicant Standing | Key Statutory Prerequisite | Evidentiary Burden | Resulting Outcome |
|---|---|---|---|---|
| LPR Cancellation (42A) | Lawful Permanent Resident | 5 yrs LPR + 7 yrs residence in U.S. | No Aggravated Felony; favorable equities | Preserves Lawful Permanent Residence |
| Non-LPR Cancellation (42B) | Undocumented / Non-Resident | 10 yrs continuous physical presence | Exceptional & Extremely Unusual Hardship | Grants Lawful Permanent Residence (Green Card) |
| Asylum (INA § 208) | Any Immigrant in Removal | Filed within 1 year or exception | Well-founded fear of persecution (10%+ probability) | Asylee Status; Green Card after 1 yr |
| Withholding of Removal / CAT | Any Immigrant (including barred) | No 1-year filing deadline | More likely than not (>50%) persecution or torture | Order of Removal Withheld; Legal Work Permit |
Placed in Removal Proceedings or Facing an Imminent Hearing?
Do not navigate immigration court alone. Retain experienced trial litigators with a proven record in immigration and federal courts.
Federal Court Injunction Precedent
Institutional Capability
Trial Court Rigor & Emergency Federal Injunctions
Standard administrative procedures are often insufficient when government agencies bypass procedural protections. When clients are threatened with imminent, unlawful physical removal, Kameli Law takes immediate aggressive action in U.S. Federal District Courts.
Emergency Temporary Restraining Orders (TRO): Filing emergency federal motions to halt commercial and charter deportation flights pending judicial review.
Challenging Notice to Appear (NTA) Defects: Terminating deportation proceedings where the charging document omitted statutory time and date requirements under Niz-Chavez v. Garland.
Individual Merits Trial Preparation: Conducting intensive witness direct examinations, expert witness submissions, and aggressive cross-examinations of ICE trial attorneys.
Our Courtroom Defense Protocol
A four-stage trial framework engineered to halt deportations, protect liberty, and secure permanent status.
Charging Document Audit
Analyzing the Notice to Appear (NTA) for statutory defects, factual inaccuracies, and grounds for immediate motion to terminate.
Custody & Bond Release
Filing emergency motions for custody redetermination before immigration judges to secure release on minimum bond.
Evidentiary Trial Assembly
Compiling comprehensive documentary exhibits, medical records, psychological evaluations, and expert witness testimonies.
Individual Merits Trial
Vigorous in-court representation at the merits hearing, securing cancellation, asylum, or proceeding to the BIA / Federal Circuit Courts.
Frequently
Asked Questions
Authoritative answers on deportation proceedings, in absentia orders, cancellation of removal, and federal stays.
What is the difference between a Master Calendar Hearing and an Individual Merits Hearing?
A Master Calendar Hearing (MCH) is a brief preliminary procedural hearing where the immigration judge reviews the charges on the Notice to Appear (NTA), enters pleadings (admitting or denying factual allegations), and schedules deadlines for relief applications. In contrast, the Individual Merits Hearing is the formal trial. At the merits hearing, your attorney presents witness testimony, introduces documentary evidence, cross-examines government agents, and presents closing legal arguments for why the judge should grant cancellation, asylum, or a waiver.
Can an order of deportation entered in my absence ("In Absentia") be reopened?
Yes. Under INA § 240(b)(5)(C), an order of removal issued in absentia because the respondent did not appear in court can be rescinded by filing a Motion to Reopen with the immigration judge. The order can be reopened at any time if you establish that you did not receive proper statutory notice of the hearing date or location, or within 180 days if your failure to appear was caused by "exceptional circumstances" (such as battery, severe illness, or the death of an immediate family member). Filing a motion to reopen automatically stays deportation while the motion is pending.
What qualifies as "Exceptional and Extremely Unusual Hardship" for Non-LPR Cancellation of Removal?
For non-lawful permanent residents seeking cancellation under INA § 240A(b) (Form EOIR-42B), the legal hardship standard is significantly higher than standard extreme hardship. Precedents (Matter of Monreal, Matter of Recinas) require proving that deportation would cause suffering to a qualifying U.S. citizen or LPR spouse, parent, or child that is "substantially beyond" that which would ordinarily result from deportation. This is typically established through serious chronic medical or cognitive disabilities of a child requiring specialized U.S. care that is unavailable in the home country.
Can an immigrant with a criminal conviction avoid deportation?
Yes. A criminal charge or conviction does not mean deportation is automatic. We conduct a categorical and modified categorical analysis under federal immigration law to determine whether the state or federal criminal statute matches an inadmissibility or deportability ground (such as an Aggravated Felony or Crime Involving Moral Turpitude). If waivable, we pursue Section 212(h) criminal waivers, post-conviction relief in criminal court to vacate defective guilty pleas, or argue eligibility for Cancellation of Removal.
How can a federal court stop an imminent deportation when immigration court orders removal?
When administrative remedies before the immigration judge or the Board of Immigration Appeals (BIA) fail or procedural due process is violated, our firm files an emergency Petition for Review in the relevant U.S. Court of Appeals along with an Emergency Motion for a Stay of Removal. In urgent cases involving unlawful physical detention near borders or airports, we file Emergency Petitions for Writs of Habeas Corpus and Temporary Restraining Orders (TRO) in U.S. District Courts to enjoin federal officials from deporting the client.
Defend Your Rights &
Stay in the United States
Nearly 30 years of courtroom experience defending families and individuals before immigration courts, the BIA, and federal appellate courts nationwide.
Schedule an Emergency Removal Defense Consultation