Immigration Court: What Options Do I Have to Avoid Deportation?

Hello everyone, this is attorney María Mendoza writing to you again. As many of us know, individuals facing a deportation process have various legal options to defend their case. However, the effectiveness of these options greatly depends on the individual circumstances of each case, which makes it essential to have good legal counsel. Below, we explore the three most common options in immigration court: negotiation, cancellation of deportation 42-B (the 10-year law), and asylum.

Negotiate an Agreement with the Prosecutor

In some cases, a viable option may be negotiating an agreement with the immigration prosecutor. These agreements can take different forms, but two of the most common are the temporary suspension of the case and the complete withdrawal of it.

When an agreement is reached to suspend a case, it means that the case will not be dealt with immediately and the individual will not face an imminent risk of deportation. During this period, which may last several years, the person has the opportunity to explore other options to regularize their immigration status. In other cases, it is possible to eliminate the threat of deportation.

Each immigration case is unique; there is no universal formula that guarantees success in immigration court. That’s why it’s always advisable to have an experienced immigration attorney who can evaluate all the details and provide an appropriate legal strategy.

You might also be interested in: The Ten-Year Law

Cancellation of Deportation 42B or the “10-Year Law”

The cancellation of deportation 42B, commonly known as the “10-year law,” is one of the most sought-after legal options by undocumented individuals in the country. However, obtaining this benefit is a highly challenging task due to the strict requirements that must be met for the immigration judge to approve it.

Requirements for Cancellation of Deportation

To qualify for cancellation of deportation, the applicant must meet three conditions:

• Continuous illegal presence in the U.S. for 10 years.

• No serious criminal background.

• Demonstrate that deportation would cause extreme hardship to a close relative.

It is important to note that not all extreme hardship cases of a relative meet the necessary requirements, as immigration judges look for exceptionally serious situations. In addition to carefully evaluating the presented evidence, they only grant a limited number of cancellations of deportation each year, which increases competition and the rigor of cases.

You might also be interested in: The Chances of Winning an Asylum Case

Asylum: A Chance for Protection

Asylum is available to individuals who can demonstrate that they have suffered persecution or have a well-founded fear of persecution in their country of origin due to various factors. However, two key factors that could influence the success of the case are the applicant’s country of origin and the jurisdiction where the case is being heard.

The Applicant’s Country of Origin

Winning an asylum case largely depends on the applicant’s particular circumstances and the political context in their home country.

People coming from countries with authoritarian governments, such as Cuba or Venezuela, where the risk of political persecution is high, are more likely to win an asylum case. On the other hand, applicants from countries like Mexico, where threats typically come from actors such as cartels or domestic violence situations, face greater difficulties.

Jurisdiction in Asylum Cases

Another factor in asylum cases is the jurisdiction where the case is filed. Immigration judges in different states have very varied approval rates. For example, courts in states like New York or California tend to be more receptive to asylum applicants, while in Texas, especially in areas like El Paso, judges tend to be much stricter.

Deportation processes in the United States present numerous challenges, and while legal options like negotiation, cancellation of deportation 42B, and asylum exist, winning a case is difficult. Individuals facing these situations must have the support of an experienced immigration attorney to evaluate all possible options and develop a strong strategy. At The Mendoza Law Firm, we have over 15 years of experience working on immigration cases. If you or someone you know is in a situation like the ones described in this blog, contact us.

¡La lucha sigue!