1. Removal Defense Attorney in New York | Case Background and Procedural Posture
These matters arose from removal proceedings initiated under Section 237 and Section 212 of the Immigration and Nationality Act (INA), which govern deportability and inadmissibility.
Both cases were venued in New York due to the respondents’ long term residence and family ties within the state.
A removal defense attorney New York was retained after Notices to Appear were issued and enforcement actions were imminent.
Lawful Permanent Resident Placed in Removal Proceedings
The first respondent was a lawful permanent resident who had resided in New York for more than ten years and was placed in removal proceedings under INA §237(a)(2) following a criminal conviction.
Although the conviction did not constitute an aggravated felony under INA §101(a)(43), it triggered removability and required immediate defensive litigation.
The defense strategy focused on statutory eligibility for Cancellation of Removal for Certain Permanent Residents under INA §240A(a).
Evidence was presented demonstrating continuous residence, lawful admission, and equities favoring discretion, including family hardship and rehabilitation.
Non citizen With a Final Order of Removal
The second respondent was an undocumented individual who had previously received an in absentia removal order under INA §240(b)(5).
Because the order was final, the case required a motion to reopen based on lack of proper notice and, alternatively, changed circumstances under 8 C.F.R. §1003.23.
The removal defense attorney demonstrated that the Notice to Appear failed to comply with statutory notice requirements and that exceptional circumstances justified reopening.
Once reopened, the respondent became eligible for Cancellation of Removal for Non Permanent Residents under INA §240A(b).
2. Removal Defense Attorney in New York | Legal Strategy and Statutory Framework
The legal strategy relied entirely on federal immigration law as applied by the New York Immigration Court and the Board of Immigration Appeals.
No state criminal relief was required, as the focus remained on immigration specific statutory defenses.
A removal defense attorney New York coordinated procedural filings while preventing enforcement during pendency.
Cancellation of Removal for Lawful Permanent Residents
Under INA §240A(a), a lawful permanent resident may seek cancellation if they meet residency, admission, and discretionary standards.
The court evaluated statutory eligibility and weighed adverse factors against positive equities.
Documentary evidence and testimony established that removal would cause disproportionate hardship to U.S. citizen family members residing in New York.
The Immigration Judge granted cancellation and terminated removal proceedings.
Cancellation of Removal for Non Permanent Residents
For the undocumented respondent, INA §240A(b) required proof of ten years’ continuous physical presence, good moral character, and exceptional and extremely unusual hardship to qualifying relatives.
Detailed affidavits and corroborating evidence demonstrated qualifying hardship to U.S. citizen children enrolled in New York public schools.
The Immigration Judge exercised discretion favorably, granted relief, and vacated the prior removal order.
3. Removal Defense Attorney in New York | Immigration Court Proceedings and Adjudication
Both cases were litigated before the New York Immigration Court under the jurisdiction of the Executive Office for Immigration Review.
Proceedings followed standard removal defense procedures, including master calendar hearings and individual merits hearings.
The removal defense attorney ensured compliance with all filing deadlines under 8 C.F.R. §§1003.31 and 1240.
Evidentiary Presentation and Court Advocacy
Each case required tailored evidentiary submissions addressing statutory elements and discretionary factors.
Live testimony, sworn declarations, and documentary exhibits were presented in accordance with immigration court rules.
The court found the evidence credible and legally sufficient under applicable precedent.
4. Removal Defense Attorney in New York | Final Outcome and Legal Significance
In both matters, removal was canceled and the proceedings were formally terminated.
The lawful permanent resident retained status, and the non citizen obtained relief despite a prior final order of removal.
These outcomes demonstrate how a removal defense attorney New York can leverage statutory relief provisions to prevent deportation when eligibility is properly established.
05 Jan, 2026
