Winning a Deportation

“There are several different ways to apply for relief to win a deportation proceeding.”— Brian D. Lerner, Immigration Lawyer

Winning a Deportation

“Winning” a deportation case can mean several outcomes. Each stops removal and protects your future. Consulting a skilled deportation lawyer can increase your chances of reach the best result. The ideal outcome is close or discharge of proceedings. This ends the case completely because the government cannot prove removability or defy due process. Other victories include a grant of relief (such as asylum, stop of removal, or CAT protection), cancellation of removal, adjustment of status to permanent residence, or a waiver that cures a legal ground and allows you to stay legally.

— Realistic defenses, strategy, and immediate next steps

“Winning” a deportation case means obtaining an outcome that prevents removal — whether by termination, grant of relief (asylum, cancellation, adjustment), successful appeal, or favorable prosecutorial discretion. Therefore, accurate triage, fast evidence-preservation, and a clear litigation roadmap are essential from day one.

How cases are won (overview)

• Procedural wins: motions to terminate for jurisdictional defects, defective NTAs, or due-process violations.
• Credibility & merits wins: prevailing at merits hearings through corroborated testimony and evidence.
• Collateral relief: adjustment, cancellation, or approved waivers removing removability grounds.
• Appeals & litigation: successful BIA or federal-court review where law was misapplied.

Immediate actions (first 24–72 hours)

1. Secure the A-file and DHS/USCIS/ICE notices; make certified copies.
2. Calendar all deadlines — hearings, filing windows, biometrics, and appeals.
3. Place a litigation hold on client records and preserve communications and receipts.
4. Triage relief options (terminate, asylum, cancellation, adjustment, waivers, bond).
5. Engage counsel and prepare an urgent bond packet if detained.

Key evidence & proof-plan

• Identity & presence: passport, I-94, travel records.
• Country conditions & persecution: reports, expert declarations, medical records.
• Family & equities: marriage/birth certificates, employment records, tax returns.
• Criminal/court documents: certified dispositions, sentencing records, rehabilitation evidence.
• Corroboration: eyewitness affidavits, photos, contemporaneous notes.

Tactical moves that often win cases

• File motions to terminate where jurisdiction or NTA defects exist.
• Exclude unlawfully obtained evidence where constitutional issues apply.
• File parallel applications (I-485, waivers) to preserve adjustment options.
• Prepare a strong credibility package and retain expert witnesses.

Practical courtroom tips

• Use a clear exhibit index and one-page case summary for the judge.
• Prepare client and witnesses for direct and cross-examination.
• Ask for continuances only when necessary and justified.
• Preserve appeal issues by obtaining transcripts and making on-record objections.

How we help

We triage cases, draft motions to terminate/reopen, create exhibit-ready credibility packets, retain experts, prepare bond/stay petitions, represent clients at hearings and appeals, and handle post-grant filings.