Immigration Question..........

More information is needed in order to answer your question. Based on this information, it can be said only that if both of you are free to marry, you may do so. It would be relevant to ask how long you have known the person you want to marry. And if you are in Immigration Court for removal proceedings, you would have a high burden to prove that the new marriage is bona fide. It is best for you to consult with an experienced immigration lawyer.

Marriage is a right which is only qualified by your capacity to marry not one's immigration history.

It depends on how that person last entered the US. With a visa, even if the I-94 expired? Then, yes, it might be possible. Talk to an attorney in private.

The short answer is that you should be able to marry as long as you are free to marry (previous marriage ended by divorce, death, or annulment). In order to determine whether you could obtain immigration benefits through the new marriage, you should consult with an immigration attorney to review the details of your case. It may be possible, but it could be complicated. An attorney would need to ask a number of questions to get more information in order to advise you. Best of luck!