Successful Removal Defense: Terminating Proceedings, Cancellation of Removal, and Status Readjustments

Navigating removal proceedings can be a daunting and complex process, especially when facing the possibility of deportation or losing permanent resident status. At the Law Office of Alexander R. Vail, we specialize in helping clients overcome these challenges through removal defense strategies.

Below we highlight several recent cases where removal proceedings were successfully terminated, cancellation of removal was granted, and status readjustments were achieved. These victories demonstrate the effectiveness of strategic legal representation in protecting the rights of individuals facing removal. Whether it’s challenging deportability, seeking relief through waivers, or securing permanent residency, our firm has helped clients successfully remain in the U.S. against difficult odds. Explore these case examples to understand how our team works diligently to safeguard the future of our clients.

Successful Removal Defense: Terminating Proceedings, Cancellation of Removal, and Status Readjustments

REMOVAL PROCEEDINGS TERMINATED Matter of D.P.L. (2024)

D.P.L. is a native and citizen of South Africa who had adjusted his status within the United States to that of a lawful permanent resident. In 2019, D.P.L. filed an Application for Naturalization (“Form N-400”). In reviewing this application, the Department of Homeland Security (“DHS”) concluded that D.P.L. made willful misrepresentations of material facts at the time he adjusted status in 2012. On the basis of its faulty conclusion, DHS initiated removal proceedings against D.P.L., charging him with deportability under section 237(a)(1)(A) of the Immigration and Nationality Act (hereinafter referred to as “the Act”), as an alien inadmissible at the time of admission under section 212(a)(6)(C)(i) of the Act by virtue of having procured his permanent residence by fraud or willful misrepresentation of a material fact.

D.P.L. retained Alex’s services, and Alex got to work immediately. Within weeks of being retained, Alex moved to dismiss the charges of deportability and terminate proceedings on two bases: first, because DHS had failed to comply with certain deadlines imposed by the Court; and second, because even if had, DHS still could not prove by clear and convincing evidence that D.P.L. willfully misrepresented material facts at the time that he adjusted status. After taking all relevant circumstances into consideration, the Court granted the motion to dismiss the charges of deportability and consequently terminated the proceedings.

Two years later, in response to D.P.L. applying for naturalization yet again, DHS initiated removal proceedings a second time. The charging document yet again charged D.P.L. with deportability under section 237(a)(1)(A) of the Act. In short, DHS lodged the very same charge against D.P.L. that it lodged back in 2021, and it used the very same evidence to support the charge of deportability that it used back then.

D.P.L. again retained Alex’s services, and Alex argued that the doctrine of res judicata barred the government from initiating removal proceedings a second time on the basis of a charge that it had the opportunity to litigate in a prior proceeding. The Court agreed, and, therefore, terminated the removal proceedings yet again. D.P.L. remains a lawful permanent resident of the United States.

REMOVAL PROCEEDINGS CANCELLED AND PERMANENT RESIDENCE CONFERRED Matter of E.Q.G. (2023)

E.Q.G. is a native and citizen of El Salvador who had entered the United States decades ago without being inspected and admitted. He was arrested by the Department of Homeland Security and placed in removal proceedings because of his lack of lawful status. On his behalf, Alex prepared, filed, and litigated to completion an Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (“Form EOIR-42B”), arguing that E.Q.G. (1) had the requisite 10 years of continuous physical presence, (2) that he had been a person of good moral character during this timeframe, and (3) that his removal from the United States would result in exceptional and extremely unusual hardship to his United States citizen daughter. Satisfied with the evidence presented, the presiding immigration judge found that E.Q.G. had satisfied all the statutory requirements, and she further concluded that E.Q.G. merited relief in the exercise of discretion. E.Q.G.’s removal proceedings were cancelled, and he was granted lawful permanent residence.

REMOVAL PROCEEDINGS REOPENED, SECTION 212(H) WAIVER GRANTED & STATUS RE-ADJUSTED Matter of M.V.S. (2023)

M.V.S., a native and citizen of Mexico, had maintained permanent resident status in the United States for decades before she was convicted of aid by misrepresentation in violation of California law. When she returned from a trip abroad, the Department of Homeland Security (“DHS”) Customs and Border Protection (“CBP”) learned about the conviction and consequently served M.V.S. with a Notice to Appear (“Form I-862”) charging M.V.S. under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act (hereinafter referred to as “the Act”), as an alien convicted of an “aggravated felony” as that term is defined in section 101(a)(43)(M) of the Act. Once that Form I-862 was filed by DHS in the immigration court, M.V.S.’s removal proceedings commenced. The attorney that M.V.S. had first hired to help her failed to keep her informed, and an immigration judge ordered M.V.S. removed in absentia after she failed to attend a hearing.

M.V.S. learned about the removal order only when she called the immigration court after her several attempts to contact her previous lawyer were to no avail. Not long after discovering the state of affairs, she retained Alex to help her navigate the predicament she found herself in. Alex moved to rescind the order of removal and reopen proceedings on the basis of exceptional circumstances, arguing that M.V.S.’s failure to appear was because of the ineffective assistance of her prior counsel. The immigration judge then presiding over her case at the Los Angeles Immigraton Court agreed and subsequently reopened the case. Because M.V.S. had since relocated to Las Vegas, Nevada, Alex helped her to change venue to the Las Vegas Immigration Court.

Once at the Las Vegas Immigration Court, Alex determined that M.V.S.’s best course of action would be to “re-adjust” her status. Because of her criminal conviction, though, she would have to seek a waiver under section 212(h) of the Act. As a preliminary matter, Alex confirmed that M.V.S. had obtained her current permanent resident status via “adjustment of status” as opposed to “consular processing.” It was important to settle this threshold issue because M.V.S. would be eligible to seek a waiver under section 212(h) of the Act only if she obtained her permanent residence after a post-entry adjustment. See Matter of J-H-J-, 26 I&N Dec. 563 (BIA 2015). After clarifying that, Alex made sure M.V.S. understood that her case came down to the following two issues: (1) whether M.V.S. could prove that her United States citizen daughter (the one who filed the most recent family-based petition on her behalf that would serve as the basis for the adjustment application) would suffer extreme hardship in the event M.V.S. was removed from the United States; and (2) whether M.V.S. could establish to the satisfaction of the immigration judge that she merited relief in the exercise of discretion.

Alex prepared the case accordingly, and the immigration judge presiding over the case ultimately granted M.V.S.’s waiver application and re-adjusted her status. M.V.S. no longer has to worry about being deported from the United States and can continue to live in peace in the United States as a lawful permanent resident.

If you or a loved one is facing removal proceedings, don’t wait to seek legal help. At the Law Office of Alexander R. Vail, we are committed to defending your rights and providing effective legal strategies to help you avoid deportation and secure permanent residency. Our team has a proven track record of success in removal defense cases, and we are ready to assist you with your unique situation. Call us today at (725) 221-5998 or contact us online to schedule a free consultation. We are here to fight for your right to stay in the United States.