Deportation Defense

Asylum

​

At Chowdhry Legal, PLLC, we are dedicated to supporting individuals from around the world seeking safety and protection in the United States. Our experienced immigration attorneys provide comprehensive representation for asylum seekers, both affirmatively and defensively, ensuring that each client receives the best possible chance at a new beginning.

What is Asylum?

Asylum is a protection granted to foreign nationals already in the United States or at the border who meet the international law definition of a "refugee." The United Nations 1951 Convention and 1967 Protocol define a refugee as a person who is unable or unwilling to return to their country of origin owing to a well-founded fear of persecution due to their race, religion, nationality, membership in a particular social group, or political opinion.

Affirmative Asylum

Affirmative asylum is for individuals who are not currently in removal proceedings. Our legal team assists clients in preparing and filing their asylum applications with the U.S. Citizenship and Immigration Services (USCIS). We help gather detailed evidence, prepare personal declarations, and organize critical documentation that substantiates their claims. We also represent our clients during interviews with USCIS officers, providing guidance and support throughout the process.

Defensive Asylum

Defensive asylum occurs when an individual requests asylum as a defense against removal from the U.S. This process typically takes place in the context of removal proceedings in immigration court. Our attorneys are skilled at advocating for clients during these proceedings, presenting detailed arguments and extensive evidence to demonstrate their need for protection. We work tirelessly to ensure that our clients' rights are protected in court and that they are given a fair opportunity to present their case.

 

At Chowdhry Legal, PLLC we understand the complexities of asylum law and the critical nature of the stakes involved. Our team is committed to providing compassionate, knowledgeable legal support to help our clients navigate the asylum process successfully.

Cancelation of Removal

Cancellation of removal is a form of relief available to certain non-citizens who are in removal (deportation) proceedings before an immigration judge. This legal option can provide a way for qualifying non-citizens to avoid deportation and obtain lawful permanent resident status (a green card) in the United States. There are two main types of cancellation of removal available: one for lawful permanent residents (LPRs) and one for non-permanent residents.

Cancellation of Removal for Lawful Permanent Residents

To qualify for cancellation of removal as an LPR, an individual must meet the following criteria:

 

• Residency: Must have been an LPR for at least five years.

• Continuous Residence: Must have continuously resided in the U.S. for at least seven years in any lawful status (not necessarily as an LPR).

• No Aggravated Felonies: Must not have been convicted of any aggravated felony.

 

Cancellation of Removal for Non-Permanent Residents

For non-permanent residents, cancellation of removal is available under more stringent conditions, and it requires proving exceptional hardship to qualifying U.S. citizen or LPR relatives. The eligibility criteria include:

 

• Physical Presence: Must have been physically present in the U.S. for at least ten years prior to the application.

• Good Moral Character: Must demonstrate good moral character during the ten-year period.

• No Disqualifying Offenses: Must not have convictions that would make them inadmissible or deportable under certain sections of the Immigration and Nationality Act.

• Exceptional and Extremely Unusual Hardship: Must prove that their removal would cause "exceptional and extremely unusual hardship" to their U.S. citizen or LPR spouse, parent, or child. This is a higher standard of hardship than required for other forms of relief.

 

Application Process

 

1. Proceedings: The individual must be in removal proceedings before an immigration judge to apply for cancellation of removal.

2. Application: The application involves filing Form EOIR-42A for LPRs or Form EOIR-42B for non-LPRs, along with supporting documentation that evidences eligibility criteria.

3. Hearing: The applicant will have a hearing before an immigration judge, where they will need to present evidence and possibly witness testimonies supporting their case.

4. Decision: The immigration judge will make a decision based on the evidence presented. If cancellation of removal is granted, the individual's status will be adjusted to that of a lawful permanent resident. If denied, the individual may be deported from the United States.

 

Annual Caps and Considerations

 

• Non-LPR Cancellation: There is an annual cap of 4,000 grants for cancellation of removal for non-LPRs, which can lead to backlogs and delays in the processing of these cases.

• Discretionary Nature: Cancellation of removal is a discretionary form of relief, meaning the judge has broad leeway in deciding whether to grant or deny the relief based on the merits of the case.

 

Cancellation of removal can be a complex and challenging process, requiring substantial documentation and a compelling legal argument. Legal representation is highly recommended to navigate this process, as an experienced immigration attorney can provide invaluable assistance in preparing the case and arguing it before the judge.

Detained Cases

 When non-citizens are detained by ICE, their cases are typically handled more quickly than those of non-detained individuals due to the expedited schedules of the immigration courts handling detained cases. Detained individuals do not have the right to a public defender at government expense, but they can hire private legal representation or seek help from non-profit organizations that provide legal services to detainees. 

Bond Hearings

 A bond hearing is a procedure where a detained individual can request release from detention on bond. The decision to grant bond involves considerations of whether the detainee is a flight risk or poses a danger to the community.

Eligibility for Bond

 

• Not all detainees are eligible for bond. Generally, individuals who are subject to mandatory detention due to certain criminal convictions or terrorism grounds cannot be released on bond.

• Asylum seekers who pass a credible fear interview might be eligible for bond unless they are subject to mandatory detention.

 

Process of a Bond Hearing

 

1. Requesting a Hearing: A detainee or their attorney can request a bond hearing by filing a motion with the immigration court. In some cases, the immigration judge automatically schedules a bond hearing.

2. Conducting the Hearing: During the bond hearing, both the detainee (through their attorney, if represented) and the government present arguments. The detainee’s attorney argues for release on bond, presenting evidence that the detainee is not a flight risk or a danger to the community. This can include evidence of family ties, employment history, community involvement, and any previous compliance with immigration proceedings.

3. Setting Bond Amounts: If the immigration judge decides to grant bond, the amount will be set based on factors including the detainee's ties to the community, immigration history, and the nature of the underlying immigration case. Bond amounts can vary widely but typically start at $1,500.

4. Post-Hearing Steps: If bond is granted and the amount is posted, the detainee can be released from ICE custody while their immigration case proceeds. If bond is denied, the detainee remains in custody. Decisions from bond hearings can be appealed by either party.

 

Key Considerations

 

• Legal Representation: Representation by an attorney is crucial in navigating the complexities of bond hearings and improving the chances of a favorable outcome.

• Documentation and Evidence: Providing comprehensive documentation and evidence in support of the detainee’s release is vital. This includes letters of support, proof of employment, and any other documents that can help establish the detainee's credibility and ties to the community.

• Impact of Detention: Being detained can significantly impact an individual’s ability to prepare their immigration case. Access to legal resources, documentation, and even communication with family can be severely restricted.

 

Bond hearings are a vital component of the immigration process for detainees, offering a possibility for release and the opportunity to fight their immigration case from outside detention.