Grant of Relief
A grant of relief in immigration court refers to any favorable decision by an immigration judge that allows a respondent to remain in the United States rather than being removed (deported). Relief can take many forms, each with different legal requirements, benefits, and long-term implications.
The most common forms of relief include: Asylum, which provides protection for those fleeing persecution and leads to a green card after one year. Cancellation of removal, available to long-term residents who meet strict eligibility requirements, which also results in a green card. Adjustment of status, which allows eligible individuals to obtain a green card through a family or employment petition while in proceedings. Withholding of removal, which prevents deportation to a specific country but does not provide a green card. Protection under the Convention Against Torture (CAT), for those who can show it is more likely than not they would be tortured if returned. Voluntary departure, which while technically not "relief" in the traditional sense, allows someone to leave on their own terms without a removal order.
Grant rates vary enormously across the immigration court system. Nationally, approximately 30-40% of cases that reach a decision result in some form of relief, but this figure masks huge variation by court location, judge, nationality of the respondent, and whether the respondent has legal representation. Some judges grant relief in over 80% of cases while others grant in fewer than 5%.
Having an attorney is the single most significant factor in obtaining relief. Represented respondents are up to five times more likely to receive a favorable outcome compared to those proceeding without counsel.
Related Terms
Asylum
Protection granted to individuals who can prove they face persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. Must be applied for within one year of arrival (with exceptions).
Cancellation of Removal
A form of relief allowing certain long-term residents to avoid deportation. Requires 10 years of continuous physical presence, good moral character, and proof that removal would cause "exceptional and extremely unusual hardship" to a U.S. citizen or permanent resident spouse, parent, or child.
Withholding of Removal
A form of protection similar to asylum but with a higher burden of proof ("more likely than not" persecution). Does not provide a path to a green card and only protects against removal to the specific country of feared persecution.
Voluntary Departure
An agreement where the respondent leaves the U.S. voluntarily instead of receiving a formal removal order. Benefits: no removal order on record, no re-entry bar. Must leave by the deadline or the voluntary departure converts to a removal order.
IJ (Immigration Judge)
A DOJ attorney appointed to preside over immigration court proceedings. Immigration judges are not Article III judges — they are employees of the executive branch (DOJ), which critics argue compromises judicial independence.