Deportation, Removal Defense, Appeals
We successfully represent individuals in removal proceedings devising creative and novel legal arguments to assist our clients.
McVey Mullery & Dulberg employs litigation tools, experience, and creative thinking to find the best solutions for clients facing removal. McVey Mullery & Dulberg has successfully litigated motions to reopen, 9th circuit appeals and stays of removal.
McVey Mullery & Dulberg litigated the first an only decision by the Ninth Circuit finding that it had jurisdiction over the one year bar if there was a denial of due process (pre REAL ID).
+ Asylum
If your asylum application is referred by the asylum office, you will have the opportunity to present your asylum case before the immigration judge.
If you have never filed for asylum before but have been placed into removal proceedings, you may be eligible to file for asylum if you fear being persecuted, or have suffered past persecution, in your home country on account of one of the protected grounds. You must apply for asylum within one year of entry into the United States unless you can show extraordinary circumstances that prevented you from applying sooner or changed circumstances that affect your eligibility for asylum. Please contact our office for a consultation.
+ Cancellation of removal
If you are placed into removal proceedings, you may be eligible for cancellation of removal.
If you are a lawful permanent resident, you are eligible for cancellation of removal if you have been a lawful permanent resident for five years, have resided in the US for at least seven years and have not been convicted of an aggravated felony.
If you are not a lawful permanent resident, you may be eligible for cancellation of removal if you have resided in the US for ten years, have not been convicted of certain crimes, have been a person of good moral character and can demonstrate that your US citizen or lawful permanent resident, spouse, children or parents, would suffer exceptional and extremely unusual hardship if you could not remain in the US. If granted you will be eligible for permanent residency.
+ Waivers
If you are placed into removal proceedings because of a criminal conviction, you may be eligible for a waiver which would either allow you to remain a lawful permanent resident or obtain permanent residency if you are otherwise eligible.
+ Prosecutorial Discretion
The Department of Homeland Security (“DHS”) has issued memorandum providing new policies for apprehension, detention and removal of undocumented immigrants. The Department of Homeland Security Memos state that enforcement and removal policies should prioritize threats to national security, public safety and border protection. As such DHS may be willing to exercise prosecutorial discretion on your immigration court case, DHS may be willing to administratively close your court case and take your hearing out of the immigration judge’s calendar. Prosecutorial discretion may encompass actions beyond administrative closure or dismissal of the case, and can include waiving appeal, not filing Notices to Appear and joining in motions.
+ Stay of removal/Appeals/Motions to reopen
If you have been ordered removed you may request of Stay of Removal to postpone your deportation date if you have compelling reasons to stay, such as if your departure will bring hardship to your family or if you are not an enforcement priority.
We would be happy to meet with you to discuss options in your case.