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Immigration & Nationality

Deportation & Removal Proceedings

Fighting removal and defending your right to stay

Deportation, or removal, is the civil process by which a non-citizen is returned to their country of origin. Both children and adults may be subject to removal by order of an immigration judge — but the law provides protections that allow you to challenge a removal order.

How the removal process works

Removal begins with a Notice to Appear before an immigration judge, stating the nature of the proceedings, the alleged grounds for removal, your right to hire an attorney, and the consequences of failing to appear. The hearing follows a two-part analysis: the government must first establish grounds for removal, and then the judge considers whether any relief applies.

Relief can include asylum, sponsorship for lawful permanent resident status, or cancellation of removal. Failing to attend a hearing typically results in an automatic removal order — and an inability to return to the U.S. on any visa for ten years.

Fighting removal

Strategy depends on your circumstances. We assist by:

  • Seeking cancellation of removal
  • Seeking an adjustment of status
  • Requesting prosecutorial discretion
  • Requesting deferred action
  • Requesting asylum

Voluntary removal

When no legal defense applies, we can negotiate voluntary removal, which allows you to depart on your own terms rather than under a removal order.

Appealing a removal order

Depending on your circumstances, you may have a legal basis to appeal an adverse ruling — for example, challenging a removal based on criminal allegations you can disprove.

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OfficeDanks Miller & Cory PA
213 South Lamar Street
Jackson, MS 39201

Phone601-957-3101

En Español601-326-3000  —  Sitio en español

Fax601-957-3160

HoursMonday to Thursday, 8:30 a.m. to 5:00 p.m.
Friday, 8:30 a.m. to 4:30 p.m.

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