Memphis, TN Attorney For Immigrants Seeking Asylum

U.S. Removal Defense Immigration Lawyer in Shelby County

Every year, millions of people around the world are forced to leave their home countries because of war, persecution, or other threats to their safety. When these refugees seek entry to the United States, they must meet certain requirements to apply for asylum. At Douglass & Runger, Attorneys at Law, our experienced attorneys can help you understand these requirements and provide you with the assistance you need as you navigate the immigration process.

Defensive or Affirmative Asylum

There are two ways to obtain asylum in the United States:

  • Defensive Asylum - A person who is currently involved in removal proceedings in immigration court may apply for defensive asylum with the Executive Office for Immigration Review. Their case will be heard by an immigration judge, who will determine whether they are eligible for asylum.
  • Affirmative Asylum - A person who is physically present in the U.S. and is not involved in removal proceedings may apply for asylum status by filing form I- 589 (Application for Asylum and for Withholding of Removal) with U.S. Citizenship and Immigration Services (USCIS). If this application is denied, the person may be referred to an immigration judge for defensive asylum processing.

Cancellation of Removal

When a person has been detained and is subject to removal (deportation), they may apply for Cancellation of Removal through the Department of Justice by filing Form EOIR-42B (Application for Cancellation of Removal and Adjustment). To be eligible for Cancellation of Removal, a person must meet the following requirements:

  • They must have been physically present in the United States for a continuous period of at least 10 years.
  • They must be "a person of good moral character," and they must not have any criminal convictions for crimes such as drug trafficking, prostitution, money laundering, domestic violence, or child abuse.
  • Their deportation would result in "exceptional and extremely unusual hardship" to relatives who are U.S. citizens or lawful permanent residents.


If an immigration judge denies a request for asylum or cancellation of removal and orders a person to be removed from the United States, this decision can be appealed by filing form EOIR-26 (Notice of Appeal from a Decision of an Immigration Judge) with the Board of Immigration Appeals. Appeals must be filed within 30 days of the immigration judge's decision.

How to Help Someone Who Has Been Detained by ICE

An immigrant or foreign national may be detained by Immigration and Customs Enforcement (ICE) if they attempted to enter the United States without a visa, if they have an outstanding removal order on record, or if they have committed a crime. After being detained, removal proceedings will typically begin, and an immigration judge may decide to have the person deported. If your family member or friend has been detained, you should contact their deportation officer to determine their status and whether it will be possible to have the person released on bond. You should also contact an immigration attorney, who can help you understand their available options, including applying for asylum or cancellation of removal.

Contact a Memphis Immigration Attorney

If you have any questions about asylum or removal, or if you need to appeal the decision of an immigration judge, Douglass & Runger can help you understand your options, guide you through the process of filing the correct forms, and provide you with the representation you need to avoid deportation. Contact our Tennessee immigration lawyers today by calling 901-388- 5805.

2820 Summer Oaks Drive,
Bartlett TN, 38134
Douglass & Runger is an association of attorneys, not a partnership. Douglass & Runger serves clients in the greater Memphis area, including Arlington, Bartlett, Collierville, Cordova, Germantown, Lakeland, in addition to the surrounding counties, including, but not limited to, Chester County, Fayette County, Hardin County, Hardemann County, Lauderdale County, Madison County and Tipton County Tennessee. The information contained herein is for informational purposes only and should not be construed as legal or tax advice. The transmission or receipt of any information on this website is not intended to, nor does it create, an attorney-client relationship. If you have any questions, or would like to set up a consultation to discuss your case, please contact us at , all rights reserved.

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