What are the Most Common Defenses Against Deportation?

Deportations are on the rise. According to data from the Department of Homeland Security (DHS), there were more than 600,000 deportations in 2025 alone. Facing deportation is extremely stressful, even overwhelming. Still, you are not without options. There are defenses that can be raised against deportation. In this article, our Virginia defensive immigration attorney describes the most common defenses you can raise against removal.

Cancellation of the Removal 

You can move to get the deportation “cancelled.” Under U.S. immigration law, cancellation of removal allows an immigration judge to stop deportation and grant lawful status. However, it is only an option if strict statutory criteria are met. Lawful permanent residents must prove a qualifying period of residence, good moral character, and that removal would not be justified by disqualifying criminal convictions. Nonpermanent residents face a higher burden. They must show continuous physical presence, good moral character, no disqualifying offenses, and exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident family member. We have the experience to handle cancellation of removal defenses.

Adjustment of Status

Adjustment of status allows a respondent to obtain lawful permanent residence while in removal proceedings. Eligibility depends on an approved immigrant petition and admissibility under federal immigration law. Many cases involve family-based petitions through a U.S. citizen spouse or adult child. Others arise from employment-based sponsorship. If you have any questions about adjustment of status as a deportation defense, our Virginia immigration lawyer can help.

Challenging Removability or the Government’s Evidence

Not every deportation case turns on relief. Some cases fail because the government cannot meet its burden of proof. DHS must establish removability by clear and convincing evidence. Defenses may include disputing alienage, lawful admission, or the legal classification of a criminal conviction. Errors in charging documents, improper service, or reliance on defective records can undermine the government’s case. That could give you solid grounds to challenge the removal. A Virginia deportation defense attorney can help.

Voluntary Departure

Voluntary departure allows a respondent to leave the United States on their own terms instead of under a formal removal order. This option is available either before the conclusion of removal proceedings or at their end, depending on statutory eligibility. The respondent must concede removability, show good moral character for the required period, and demonstrate the ability to depart at their own expense. Voluntary departure avoids many of the harsh immigration consequences associated with a removal order. As frustrating as it can be, it may be the best path forward for the long-term in certain circumstances. 

Contact Our Virginia Deportation Defense Lawyer Today

At Escobar Law Offices, our Virginia deportation defense attorney is skilled, compassionate, and solutions-focused. If you have any questions about the common defenses against deportation, we are here to help. Contact us for a completely confidential consultation. It is our mission to protect the rights and the interests of our clients. We serve communities across Northern Virginia, including in Fairfax County and Arlington County.

Source:

dhs.gov/news/2025/12/10/thanks-president-trump-and-secretary-noem-more-25-million-illegal-aliens-left-us