Experienced Removal Defense Immigration

Key triggers include unlawful presence over 180 days, visa overstays, criminal convictions (even misdemeanors), illegal entry, and fraud. Prioritize checking your record—and possibly file defenses like asylum or Cancellation of Removal for non legal permanent residents to counter these grounds of removal.  A “defense”, like asylum, however, must be (1) truthful, i.e., cannot be frivolous, otherwise, you face a permanent bar to ever obtaining status in the U.S., and (2) filed within 1 year of entry (with certain exceptions).  If you file outside of 1 year, you may be entitled to “withholding of removal” or relief under the “Convention against Torture”, both of  which have a higher burden of proof.  And, for Cancellation of Removal, you need to be here for at least 10 years and have a U.S. citizen spouse, child, or parent who will suffer exceptional hardship if you are removed from the U.S.

Since January 2025, it targets anyone undocumented within 2 years of entry, including parolees, allowing quick deportation without a judge. If you entered recently without inspection, express fear of return in order to receive a credible fear interview; otherwise, seek counsel immediately.

As of September 5, 2025, the Board of Immigration Appeals decided Matter of Hurtado, 29 I.&N. Dec. 216 (2025) in which the Board held that U.S. Immigration and Customs Enforcement (“USICE”) can hold someone in detention, despite a long time of residence in the U.S., if they entered the U.S. illegally.  It is possible to make a “parole request” with USICE if there are extenuating circumstances to seek release.  Although a grant on this request seems unlikely.  Therefore, only those who have entered legally or are legal permanent residents are entitled to be released on bond.

Common defenses: asylum (persecution fear), cancellation of removal (10+ years U.S. ties, exceptional hardship to citizen family), withholding (higher bar than asylum), or adjustment via marriage. Eligibility depends on case — screen with an attorney fast.

Yes, U.S. Immigration and Customs Enforcement is focusing on undocumented immigrants, overstays, and low-priority criminals, but all persons without status are at risk. Families face separation; workers in key sectors may qualify for deferred action—document ties and explore waivers now.

Stay calm—don’t sign anything without understanding what you’re signing. Request time to consult a lawyer, know your rights (silence, no warrant entry), and file motions like to suppress evidence if flawed. Act within 10 days of NTA service. [see my section on this – already on the site].