Removal defense
If you or someone you love is facing deportation, obtaining experienced legal representation early can make a critical difference. Smallbone Law represents individuals and families in removal proceedings before the Memphis Immigration Court and immigration courts nationwide, serving clients throughout Nashville, Middle Tennessee, and across the United States.
We develop case-specific defense strategies to protect our clients' ability to remain in the United States, pursuing available forms of relief under immigration law, including cancellation of removal, adjustment of status, asylum, waivers, and other forms of protection.
Cancellation of removal and other forms of relief
We represent clients seeking relief from deportation, including:
- 42A cancellation of removal: For qualifying lawful permanent residents.
- 42B cancellation of removal: For qualifying nonpermanent residents with qualifying family relationships and exceptional hardship.
- VAWA cancellation of removal (VAWA 42B): For qualifying individuals who have suffered battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent, or who meet other applicable VAWA eligibility requirements.
- Adjustment of status: For eligible individuals seeking permanent residence before an immigration judge.
- Asylum, withholding of removal, and CAT protection: For individuals facing persecution or torture if returned to their home countries.
- Waivers of inadmissibility and removability: Where available, to overcome certain immigration violations and grounds of removal.
Bond hearings and immigration detention
When a family member is detained by ICE, we act promptly to evaluate release options, pursue bond hearings where available, and present evidence supporting release, including family ties, community connections, and lack of danger or flight risk.
Motions and appeals
We handle motions to reopen and reconsider removal orders, including in-absentia orders entered when individuals did not receive proper notice or had other legally sufficient grounds for reopening. We also represent clients in appeals before the Board of Immigration Appeals (BIA).
I-601A provisional waivers for individuals who entered without inspection (EWI)
For individuals who entered the United States without inspection (EWI), adjustment of status through a U.S. citizen or permanent resident family member may not be available unless an applicable exception or other legal basis exists. In qualifying cases, an I-601A provisional unlawful presence waiver may be an essential part of a strategy to obtain permanent residence through consular processing.
We evaluate the immigration history, unlawful presence, prior entries and departures, removal orders, and qualifying family relationships to determine whether a provisional waiver and consular processing strategy may be available, while carefully assessing the risks of departure and any existing removal proceedings.
How a case works with us
- Confirm the caseWe check the Notice to Appear, the next hearing date, and the address the court has on file, so nothing is missed.
- Find the reliefWe review your history and family to identify defenses and forms of relief, such as asylum, cancellation of removal, or adjustment of status.
- Build the recordApplications, evidence, witnesses, and legal briefing for the judge.
- Hearings and afterWe represent you at master calendar and individual hearings, and handle appeals to the Board of Immigration Appeals if needed.
Common questions
What happens if I miss my immigration court hearing?
The judge can order you removed in your absence. If you missed a hearing because you never received notice, or because of exceptional circumstances, a motion to reopen may be possible, but there are strict deadlines, so contact a lawyer right away.
Can a detained family member get out on bond?
Many people detained by ICE can ask an immigration judge for a bond hearing, where the judge considers whether the person is a flight risk or a danger. Some people are held under rules that do not allow bond, so we check that first.
What is cancellation of removal?
It lets an immigration judge end a removal case and grant a green card. Green card holders and others have different requirements. For someone without a green card it generally requires 10 years in the U.S., good moral character, and exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent, or child.
Where are Tennessee immigration court cases heard?
Most Tennessee cases are heard by the Memphis Immigration Court, and some hearings take place by video. Your hearing notice lists the court and whether you must appear in person.
General information, not legal advice for your case. Every situation is different; a consultation confirms what applies to you.
Forms and categories we handle here
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Your attorneyMichael SmallboneLicensed in Tennessee. Adjunct Professor of Immigration Law, Nashville School of LawReady to talk to an attorney?
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