Deportation / Removal Defense

Withholding of Removal, the Deportation of Kilmar Abrego Garcia, and the Difference Between Withholding and Asylum

April 9, 2025 | by Anthony A. Fatemi, LLC

People across Maryland and around the country have followed with ever-increasing closeness the deportation case of Prince George’s County resident Kilmar Abrego Garcia. The case has brought several aspects of immigration law into the public eye. Most people are familiar with some of the terminology; other terms are likely new. While the issues surrounding this man’s deportation raise many important and unsettled questions, the controversy shows clearly that immigration matters can be complicated, intricate, and multi-layered. That is why, if you are facing deportation or other immigration action, you need a Maryland immigration lawyer on your side who possesses a complete and in-depth understanding of all aspects of immigration law.

Two of those terms are “asylum” and “withholding of removal.” People outside the community of immigration lawyers are more likely to be familiar with the former than with the latter. Today, we will examine both in some detail to help clarify the differences between them.

Asylum

Asylum specifically refers to a form of protection the U.S. grants to non-citizens who cannot return to their country of citizenship because doing so would place them at risk of persecution. To secure asylum, a non-citizen (or their attorney) must persuade an immigration judge not only that they fear persecution if returned to their country of citizenship, but that their fear is a “well-founded” one. A person may seek (and obtain) asylum whether they are documented or undocumented.

What the Columbia U. Protester’s Deportation Case Can Tell You About Deporting Green Card Holders

March 14, 2025 | by Anthony A. Fatemi, LLC

Mid-March and the onset of springtime are often associated with one color more than most: green. That color represents the budding of new foliage and St. Patrick’s Day. For many immigrants, the color “green” has a different and more critical association — a green card. Recent events, however, have raised an important question: can I be deported if I have already gotten my green card? The short answer is yes, under certain circumstances. Whether you are a visa holder, a green card holder, or undocumented, a deportation action is something you must treat with the highest degree of care. That includes promptly retaining an experienced Maryland deportation defense lawyer.

In recent days, the federal government has begun steps to deport Mahmoud Khalil, a Columbia University student and a green card holder. Currently, the government is detaining the man in Louisiana.

Green card holders can be subject to deportation. Many times, the triggering event is a crime. For the government to deport a green card holder for a criminal violation, the crime must have been serious. The sorts of crimes that can lead to deportation include major drug crimes, fraud, or “aggravated felonies.” (This phrase refers to crimes such as child pornography, rape, murder, child sexual abuse, and human trafficking.)

A New Supreme Court Ruling Will Address Deadlines Associated With Appealing Deportation/Removal Decisions

November 22, 2024 | by Anthony A. Fatemi, LLC

The Supreme Court of the United States recently agreed to hear the deportation case of a Jamaican man relief under the Convention Against Torture (CAT). This upcoming decision could clarify whether specific appeal deadlines are mandatory or waivable and what does (and does not) constitute a “final order” for purposes of appealing an immigration decision. This case and the rulings that have led to it comprise a clear reminder that mounting a deportation defense is intricate and complex and is filled with numerous deadlines and procedural rules. To give yourself (or your loved one) the best chance at succeeding in a deportation case, ensure you have legal representation from an experienced Maryland deportation defense lawyer.

The man facing possible deportation, P.R., came to the United States on a tourist visa. In 2006, he was convicted and jailed on drug distribution and weapons charges. When he was released from incarceration in 2021, immigration authorities took him into custody and ticketed him for deportation based upon his “aggravated felony” conviction.

It is essential to recognize that an “aggravated felony” under federal immigration law is not identical to that phrase’s definition under criminal law. The list of aggravated felonies under immigration law is codified at 8 USC Section 1101(a)(43) and includes, among other things, drug trafficking.

ACLU Sounds an Alarm About Deportations and an 18th Century Federal Law’s Impact on Them

October 31, 2024 | by Anthony A. Fatemi, LLC

One of the greatest fears non-residents in this country have is deportation. According to a new American Civil Liberties Union publication, a possible future Trump presidency could raise the number of deportations dramatically. According to the ACLU, one of the weapons a potential future Trump Administration might try to use is a federal law enacted in 1798. Regardless of the presidential election’s outcome, you need to be sure you have the right Maryland deportation defense lawyer by your side if you are facing a deportation action.

In 1798, the U.S. Congress passed the Alien Enemies Act (AEA). That law says that the president has the authority to detain and deport anyone who is a native or a citizen of an enemy nation. At the word “enemy” implies, the act limits the president’s detention and deportation authority to times of when the U.S. faces specific threats.

Those threats include a declared war or invasion or “predatory incursion.” (“Predatory incursion” essentially means a raid or a surprise attack.) The U.S. has used the law before — against the British during the War of 1812 and against Germans in World War I, for example.

A New U.S. Supreme Court Contains Good News for Immigrants Seeking to Avoid Deportation Through the ‘Cancelation of Removal’ Process

April 23, 2024 | by Anthony A. Fatemi, LLC

Many of the undocumented immigrants who find themselves facing deportation may choose to avail themselves of the process known as “cancelation of removal.” A new ruling from the U.S. Supreme Court says that many of those applicants may, even if unsuccessful at the agency level, continue pursuing their case in the federal courts. Whether you’re before an immigration judge, the Board of Immigration Appeals, or a federal court, your odds of success are greatest when you have legal representation from an experienced Maryland deportation defense lawyer.

The immigrant in the Supreme Court case – S.W. — faced deportation following a 2019 arrest on drug charges. Although local prosecutors later declined to pursue the criminal case, immigration authorities went forward with the deportation action against the man.

The immigrant acknowledged that he was eligible for deportation (he had long overstayed the tourist visa he obtained in 2003,) but argued that he was entitled to a cancelation of removal.

How Membership in a ‘Particular Social Group’ May Be the Key to Your Successful Asylum Application

February 9, 2024 | by Anthony A. Fatemi, LLC

The effects of an unsuccessful asylum application can be catastrophic. It can mean being uprooted from your home and your family, being sent to a country you’ve never known as home, and possibly a place where you may find yourself to be a target for hate and violence. For these reasons and more, you must put forward the strongest asylum application possible. Statistics show that asylum applicants with attorney representation are six more likely to succeed than those without, so don’t delay retaining an experienced Maryland asylum lawyer to assist you.

Membership in any collection of people that U.S. immigration law recognizes as a “particular social group” can be essential to a successful asylum application. You can qualify for asylum if you are a member of one or more of these groups and you present proof that, if you are returned to your home country, you either (a) have a reasonable fear of harm or (b) a history of past harm as a result of your membership in the group.

To succeed on this basis, you need the right social group undergirding your application. Simply asserting, for example, “Honduran females” as your group will almost certainly be deemed too broad. An overly broad group will doom your application and leave you subject to deportation, as was the case with one California man recently.

The Potential for Deferred Action if You Assist a Government Agency’s Investigation into Your Employer’s Violations of the Law

December 22, 2023 | by Anthony A. Fatemi, LLC

When people hear the phrase “deferred action” concerning immigration law, they may initially focus on the DREAMers. Other processes beyond just Deferred Action for Child Arrivals, or DACA, potentially can help immigrants protect themselves from deportation, however. To find out if you can shield yourself from deportation through a deferred action process (or other means,) consult an experienced Maryland immigration lawyer.

One form of deferred action (outside of DACA) was in the news earlier this year, and it safeguards immigrant workers caught in an all-too-common situation. You may have even seen fictionalized versions of this circumstance play out on television. The undocumented worker is the victim of (or otherwise witnesses) his/her employer engaging in illegal practices. The employer then blackmails the worker into silence by threatening to contact “Immigración” (a/k/a federal immigration authorities) and get the worker deported.

The Department of Homeland Security has long had a process to allow these workers to pursue deferred action and protect themselves from removal. Earlier this year, DHS announced that it had “streamlined” the process, allowing workers to receive “expedited” processing of their deferral requests.

Defects in Notices to Appear and What They Can Mean to the Government’s Deportation Case Against You

October 17, 2023 | by Anthony A. Fatemi, LLC

Back in July, the 4th Circuit Court of Appeals issued a ruling overturning a removal order in the case of a Salvadoran woman and her minor son. The ruling in favor of the asylum applicant represents just the latest in a series of appellate and Supreme Court rulings related to defective immigration notices, and points out how even very technical defects in the notices to appear the government issues may eventually help applicants avoid removal. Success in these matters often requires in-depth knowledge of the law and the procedural requirements, which is why you should definitely consult with an experienced Maryland deportation defense lawyer about your situation.

The applicant, A.A.L.-G., and her minor son entered to the United States from El Salvador without authorization. Immigration authorities detained them in Texas. At that time, the mother told a federal asylum officer that gang members in El Salvador had threated to rape her and kill her son as a result of her refusal to cooperate with the gang. The officer believed that the mother was credible and referred her case.

A few weeks later, in late May 2019, the government served a “notice to appear” before an immigration judge. In the space where the date and time of hearing should have appeared, the form said simply “TBD,” which would seem to mean “to be determined.”

How a Change in Criminal Law May Favorably Alter the Status of Your Deportation or Removal Case

January 10, 2023 | by Anthony A. Fatemi, LLC

The laws that impact your immigration status are sometimes a complex web traversing multiple areas of law. So, you may wonder, what happens if a criminal statute is amended and that change alters the status of my deportation case? Potentially, that kind of change may be a crucial event in your favor. A knowledgeable Maryland deportation defense lawyer may be able to help you use that change to get your deportation order reversed.

To get an example of how the process unfolds, we can look at the deportation case of D.W., an immigrant from Jamaica. In 1987, he moved to the U.S. and became a permanent resident. He was six years old at that time.

A 2003 run-in with police in Virginia resulted in a conviction for assault and battery of a police officer, obstructing justice, and disorderly conduct. According to the court, all those crimes were the result of D.W.’s resisting an officer who was trying to mace him after the officer had already handcuffed him.

When Threats of Persecution or Torture May Impact Your Deportation Defense in Maryland

September 23, 2022 | by Anthony A. Fatemi, LLC

Countless numbers of people enter this country — some illegally — to escape persecution, torture, and possible death in the country they left behind. For those people, the option may exist to defeat a removal order and remain in this country if they can credibly establish that the threat exists and meets the criteria the law requires. If you find yourself in that position, it’s vitally important to have on your side a knowledgeable Maryland deportation defense lawyer who understands the law in all its intricacies and knows how to make your case.

An example of this sort of deportation defense was the immigration case of a man named Adan. He was a Guatemalan man who had entered the United States illegally (for a second time) in 2018.

Again, Adan faced removal. At that time, he declared his fear that, if he returned to Guatemala, he would face persecution and/or torture at the hands of the gangs who tried to recruit his son and with whom he fought regarding the son.