Removal Defense/Immigration Court
Cancellation of Removal 42A: This relief is available to those who have a green card for five years or more prior to their conviction record which had caused the issue of removability to arise.
Cancellation of Removal 42B: This relief is available to those who have been in the United States for over ten years and also have a qualifying relative (LPR or US Citizen child, spouse, or parent).
Detention: Attorneys will immediately apply for a bond so may be released from ICE custody pursuant to a court order.
In Court Adjustment of Status: Apply for an I-485 green card through case approval while in immigration court removal proceedings. Usually based upon an I-130 approval; I-360 approval; U visa approval; or other approval notice.
237 a 1 H waiver: A special waiver is available under limited circumstances for those accused of fraud or convicted of crimes.
Motion to Reopen (MTR): are utilized for several distinct purposes. Usually filed with the Immigration Courts; MTRs are designed to reopen court proceedings and usually to correct a wrong that was perpetrated in a prior court proceeding.
Motion to Terminate (MTT): are filed when an alien has achieved legal status and removal from the United States is no longer justified under the law. Motions to Terminate will enable immigrants to adjust status to lawful permanent residency at the US Citizenship & Immigration Services (US CIS) outside of immigration court.
Motion for Change of Venue: Motion for Change Venue is available when an immigrant (alien) moves and relocates his or her residence from one city to another inside the United States.
Motion to Remand: When new forms of relief are available to establish a greencard, then a motion to remand might be possible to transfer a case from a higher appellate court back to the immigration court for processing and completion of the lawful residency status.
Requests for Joint Motions: When favorable factors (equities) are present, special requests may be made to US ICE counsel for their office to join in a mutual agreement to permit final case status processing. Expert preparation of joint motion requests is an F&D hallmark.
Asylum: Asylum status, also known as Refugee protection is available when country conditions back home become untenable. It covers an array of several possible avenues for cases status, including such cases called: Asylum, Withholding of Removal, CAT, and Deferral of Removal. Cases are judged on a case by case basis dependent on country conditions in home country. + See separate section for Asylum.
BIA Appeal: “Board of Immigration Appeals” is available after immigration court when an unfavorable court decision needs to be appealed to the next higher court.
9th Circuit Appeal: The Ninth Circuit appeal is available for 30 days after a BIA denial is issued by the Board of Immigration Appeals. Certain restrictions apply.