Trusted Immigration Lawyer

Fight Deportation and Protect Your Legal Status

Trusted Legal Help for Removal and Deportation Defense

If you or a loved one are facing removal proceedings, you have the right to defend yourself and seek relief from deportation. A trusted immigration lawyer at Martinez Immigration can represent you in immigration court, challenge the removal order, and explore every legal option to help you remain in the United States.

Need help fighting a removal order? Contact an immigration lawyer today!

Who may need an immigration attorney for Removal Defense?

An immigration lawyer can assist with:

Defending against deportation in immigration court
Filing a motion to reopen or appeal a removal order
Seeking asylum or withholding of removal
Applying for a cancellation of removal
Requesting voluntary departure to avoid a removal order
Challenging removal based on legal status or criminal history

Not sure if you qualify for removal defense?

An immigration lawyer can review your case and provide expert legal guidance.

Eligibility for Removal Defense

To qualify for removal defense, you must meet one of the following criteria:

You have received a Notice to Appear (NTA) from U.S. Immigration and Customs Enforcement (ICE).
You have been detained by ICE or U.S. Customs and Border Protection (CBP).
You are facing removal due to unlawful presence, visa overstay, or criminal charges.
You have a pending asylum application or other immigration petition.
You have been charged with marriage fraud or document fraud.
You have re-entered the U.S. illegally after a prior removal order.

Types of Removal Defense

01

Asylum and Withholding of Removal

If you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a social group.
Requires proof of credible fear and the inability of your home country to protect you.

01

Cancellation of Removal for Permanent Residents (42A)

If you are a green card holder who has been in the U.S. for at least 7 years and maintained continuous residence.
Requires proof of good moral character and no aggravated felony convictions.

01

Cancellation of Removal for Non-Permanent Residents (42B)

If you have lived in the U.S. for at least 10 years.
Requires proof of good moral character and that removal would cause extreme hardship to a U.S. citizen or LPR spouse, parent, or child.

01

Adjustment of Status

If you have an approved immigrant petition (family-based or employment-based) and qualify to adjust status.
May be available as a form of relief from removal.

01

Prosecutorial Discretion

ICE or DHS may agree to close your removal case if you have strong family ties or humanitarian factors.
Requires proof of good moral character and community ties.

01

Voluntary Departure

Allows you to leave the U.S. voluntarily instead of being deported.
Helps avoid the consequences of a formal removal order.

How to Apply for a Removal Defense Process

Notice to Appear (NTA)

ICE will issue a Notice to Appear (NTA) in immigration court.

Master Calendar Hearing

You will attend a hearing to present your case and request relief.

Prepare and File Relief Application

Your lawyer will file for asylum, cancellation of removal, adjustment of status, or other relief.

Merits Hearing

You will present evidence, testimony, and legal arguments to the immigration judge.

Receive Decision

The immigration judge will decide on your case.

Appeal (if necessary)

If the judge issues a removal order, you may have the right to appeal to the Board of Immigration Appeals (BIA).

Removal defense cases require strategic legal planning and strong evidence. An immigration lawyer can increase your chances of success.

Required Documentation

Proof of Identity

Passport, birth certificate, or government-issued ID.

Proof of Continuous Residence

Lease agreements, tax filings, and employment records.

Proof of Family Relationships

Marriage certificates, birth certificates, or adoption records.

Evidence of Good Moral Character

Letters from employers, religious leaders, and community members.

Police and Criminal Records

If you have a criminal record, provide complete court documentation.

Medical and Psychological Evaluations

If seeking relief based on health or mental health issues.

Not sure which documents you need? An immigration lawyer can guide you!

Common Removal Defense Challenges & Legal Solutions

Challenges

Solutions

Missed Court Hearing

If you miss a court hearing, the judge may issue a removal order in absentia.

A lawyer can file a motion to reopen based on exceptional circumstances.

Criminal Record

Certain criminal convictions can make you ineligible for relief from removal.

A waiver may be available. A lawyer can help argue for rehabilitation or post-conviction relief.

Failure to Prove Hardship

If you cannot prove that removal would cause extreme hardship, your case may be denied.

A lawyer can gather expert testimony and documentation to support your case.

Inconsistent Testimony

Contradictions in your testimony can damage your credibility.

A lawyer can prepare you for court and help align your testimony with supporting evidence.

Additional Resources

Frequently Asked Questions

Can I stay in the U.S. while my removal case is pending?

Yes, you may remain in the U.S. while your case is under review unless a judge issues an expedited removal order.

Can I work while my removal case is pending?

You may apply for a work permit if you have a pending asylum application or adjustment of status case.

Can I apply for a Green Card after a removal order?

You may be eligible for adjustment of status or other relief depending on the circumstances.

What happens if my removal case is denied?

You may have the right to appeal to the Board of Immigration Appeals (BIA).

Can I travel outside the U.S. while my case is pending?

No, traveling outside the U.S. could result in the abandonment of your case.

Satisfied Clients Share Their Martinez Immigration Journey

    
 
 
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   Bramty Juliette 
 
 
 
 Trustindex verifies that the original source of the review is Google. Every single person that works at this law firm is AMAZING! I recommend them to everyone!! I worked with Kate and she was so nice, quick with email responses, professional, and on top of every single little thing from the beginning to the end. 10/10. Thank you!
  
 
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   Irina Krivets 
 
 
 
 Trustindex verifies that the original source of the review is Google. This firm is absolutely best. I been dealing with immigration for past 10 years. My case was something so complicated that most lawyers could not even make a suggestion. Kathleen took case proposed solution and we won! Her team is extremely detail oriented, I have to say separate thank you to Kate Sauceda for everything she did for me. Thank you all.
  
 
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   Carlo De La Cruz 
 
 
 
 Trustindex verifies that the original source of the review is Google. Very professional, very focused on every detail, they maintain aware of everything and they help with whatever question that they have, very good team I recommended 100%
  
 
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   Viraj Deshwal 
 
 
 
 Trustindex verifies that the original source of the review is Google. Martinez Immigration specially Adriana, Kathleen, Karina, Rosa, and everyone who worked on my case, I am heartily thankful for your great service and continuous support through the case. I recommend Martinez Immigration to anyone looking for a trustworthy attorney firm.
  
 
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   Marlon Flores 
 
 
 
 Trustindex verifies that the original source of the review is Google. Maria G. and her team were amazing! Always kept us in the loop and was always ready to answer any of our questions without making us feel unintelligent. I would work with her and the team again.
  
 
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   Daisy Hernandez 
 
 
 
 Trustindex verifies that the original source of the review is Google. Definitely recommend 1000000/10 they are truly amazing!! Helped us with every single question we had and always contacted us with information and updates ! Truly grateful for them !
  
 
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   Mohammad Alkhdour 
 
 
 
 Trustindex verifies that the original source of the review is Google. ⭐⭐⭐⭐⭐ I had an amazing experience with Martinez Immigration! The entire team was professional, supportive, and always kept me updated throughout the process. They answered all my questions and made sure I understood every step. I truly appreciate their dedication and hard work. Thanks to them, my work permit was approved smoothly and faster than I expected. I highly recommend Martinez Immigration to anyone needing immigration services—you’ll be in great hands!
  
 
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   Henry Perea 
 
 
 
 Trustindex verifies that the original source of the review is Google. Two thumbs up to Team Adriana. They did a fantastic job in preparing an expidite request to USCIS for our UVisa application. We were notified today by Adriana that the expidite was approved. We are one step closer to being approved. Hopefully soon! Thank you Martinez Immigration for diligently working on our case
  
 
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   Veronica Garcia 
 
 
 
 Trustindex verifies that the original source of the review is Google. Martinez immigration helped us with my husband’s case, this was our second time after filing the first time and being left on administrative processing due to lack if paperwork. When we hired Martinez Immigration for our process the second time, Kathleen and Alejandra explained everything in detail and reassured us we would have their support throughout the process and we were hesitant. We began our process in 2021 and my husband just arrived in the US January 2025. We worked with Liliana Gonzalez who helped us with any questions we had in a timely manner and made sure to update us with any information we needed. Thank you Martinez Immigration!
  
 
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   jacqueline michelle 
 
 
 
 Trustindex verifies that the original source of the review is Google. Great firm and great team! Thank you Bianca for all your help