Defensive Asylum: How Congruence Law, P.C. Defends the Rights of Individuals Facing Removal

When a person fears return to their home country due to persecution, the U.S. asylum system offers a legal pathway to protection. But for those already in removal (deportation) proceedings, the process becomes more complex, urgent, and adversarial. This form of relief is known as Defensive Asylum, and at Congruence Law, P.C., we provide aggressive, compassionate representation to help individuals assert their legal rights and avoid forced return to danger.

Defensive asylum is filed with an immigration judge through the Executive Office for Immigration Review (EOIR)as a form of defense against removal from the United States. It is typically triggered in one of two ways: when an individual has been placed in removal proceedings after an arrest, visa overstay, or denial of an earlier application, or when an affirmative asylum application is denied and referred to immigration court.

To qualify for asylum, the applicant must establish that they have suffered past persecution or have a well-founded fear of future persecution in their home country on account of race, religion, nationality, political opinion, or membership in a particular social group. The legal burden is high, and the proceedings are adversarial, with a government attorney actively seeking removal.

At Congruence Law, P.C., we take a strategic and client-centered approach to defending against deportation through asylum. We begin by conducting a comprehensive assessment of the individual’s case, including any prior immigration history, criminal records, past filings, and the availability of evidence. We work closely with clients to develop a strong narrative supported by documents such as affidavits, expert opinions, medical or psychological evaluations, and credible country condition reports.

We represent clients throughout the entire removal process—filing the I-589 asylum application with the immigration court, preparing detailed supporting documents, and representing the client at master calendar and individual hearings. We also engage in direct examination and cross-examination of witnesses, submit legal briefs, and challenge DHS objections and evidentiary issues to protect the integrity of the case.

Many asylum claims fail not because they lack merit, but because they are poorly presented or procedurally flawed. Common pitfalls in defensive asylum cases include failure to submit the I-589 within the one-year filing deadline (with no qualifying exception), incomplete documentation of the applicant’s identity or persecution history, inconsistencies between prior records and testimony, and inadequate preparation for the asylum interview or court testimony. Additionally, failure to properly frame the legal theory—especially in complex cases involving political activity, gender-based claims, or LGBTQ+ persecution—can result in denial.

At Congruence Law, we anticipate and address these challenges through comprehensive case preparation and legal analysis. We ensure that our clients understand the court process, that their personal declarations are detailed and credible, and that their supporting evidence is persuasive and professionally presented. When necessary, we work with country experts, medical professionals, or human rights organizations to provide critical documentation supporting our client’s fear of return.

For those not eligible for asylum due to late filing, prior asylum denial, or criminal bars, we also evaluate and assert related forms of relief, including withholding of removal and protection under the Convention Against Torture (CAT). These forms of relief carry a higher burden of proof but may still provide a lawful defense to removal where return would result in serious harm.

Facing removal proceedings can be terrifying—but no one should go through it alone. At Congruence Law, P.C., we are committed to defending those who seek safety, dignity, and a future free from persecution. Our firm brings a deep understanding of both immigration law and litigation strategy, offering powerful advocacy in the courtroom and unwavering support to our clients.

If you or someone you know is in removal proceedings and fears return to their home country, contact us at immigration@congruence.com to schedule a confidential consultation. We are here to help you fight for protection—and for the right to stay.