Removal Defense

Facing Removal Proceedings? You Have Rights.

A Notice to Appear (NTA) is not a conviction—it is the beginning of a legal process in which you have the right to be heard before an immigration judge. The outcome of removal proceedings can mean the difference between staying with your family in the United States and being forced to leave the country. The stakes demand experienced, aggressive representation.

At Strasser Asatrian LLC, Harry Asatrian has represented clients in removal proceedings before immigration courts in New Jersey and New York, before the Board of Immigration Appeals, and in federal court petitions for review. We fight on every available front to protect your right to remain in the United States. Families facing removal often benefit from considering family-based relief options in parallel with removal defense strategies.

Forms of Relief From Removal

Cancellation of Removal

Certain long-time U.S. residents may be eligible for cancellation of removal. For lawful permanent residents, this requires at least five years of LPR status and seven years of continuous residence, with no aggravated felony convictions. For non-LPRs, the bar is higher—ten years of continuous physical presence, good moral character, and a showing of exceptional and extremely unusual hardship to a qualifying U.S. citizen or LPR family member. We build meticulous hardship records that give clients the best possible chance before the immigration judge.

Asylum, Withholding of Removal & Convention Against Torture

Individuals who fear persecution on account of race, religion, nationality, political opinion, or membership in a particular social group may apply for asylum or related protection. We handle both affirmative asylum applications (before USCIS) and defensive asylum claims raised in removal proceedings. We also litigate Convention Against Torture claims for individuals who cannot meet the asylum standard but face a serious risk of torture if returned to their home country.

Voluntary Departure

In cases where removal appears unavoidable, negotiating voluntary departure before or at the conclusion of proceedings can allow a client to leave the United States voluntarily rather than under a formal order of removal, which has fewer long-term immigration consequences. We advise clients on the benefits and risks of voluntary departure versus contesting removal.

Adjustment of Status in Removal Proceedings

In certain circumstances, respondents in removal proceedings who have an approvable immigrant petition can apply for adjustment of status before the immigration judge. We identify this opportunity where available and pursue it as a primary strategy.

Prosecutorial Discretion and Administrative Closure

DHS enforcement priorities shift with administrations. In appropriate cases, we seek prosecutorial discretion from ICE counsel to have removal cases administratively closed or deferred, particularly where enforcement action serves no compelling government interest.

Appeals: Board of Immigration Appeals & Federal Courts

A loss before an immigration judge is not necessarily the end. We file timely appeals to the Board of Immigration Appeals (BIA) and, where the BIA affirms, petitions for review in the U.S. Courts of Appeals. Federal court immigration litigation requires a deep understanding of constitutional law, administrative procedure, and immigration doctrine. Harry Asatrian handles these matters personally.

Emergency Actions

If a client is detained or facing imminent removal, we act immediately. We file emergency motions to stay removal, seek bond hearings before immigration judges, and, where necessary, seek emergency injunctive relief in federal district court to stop a removal while legal remedies are pursued.

If You Receive a Notice to Appear

Time matters in removal proceedings. Master calendar hearings are often scheduled within weeks, and failure to appear results in an in absentia removal order. If you or a family member has received an NTA, call our office immediately at (973) 735-2716. We will review your situation and advise you on next steps without delay.