You absolutely need to have a full consultation with an attorney who is well-versed in removal defense as you may have certain remedies available to you. However, the short answer is, based upon the information you have provided, "no, you cannot claim the ten years", known as cancellation of removal for non permanent residents as the "clock" toward the ten years presence stopped when you were first served with the Notice to Appear. This may be different if your attorney can convince ICE to "re-paper" you. You would also need to have qualifying relatives and good moral character. As stated above, you need to share many more facts with an immigration lawyer to determine what, if any remedies are available to you.
Cella & Associates has represented immigrants exclusively in immigration law and related matters for twenty years. However, the answers provided herein neither constitute legal advice, nor create an attorney/client relationship.
Pursuant to INA §240A(b), cancellation is available to a non-permanent resident of the United States in any immigration status who--
1) Has continuously resided in the United States for at least ten years; and
2) Has been a person of good moral character throughout this time; and
3) Is not otherwise subject to criminal bars arising from a conviction of any crime outlined in INA §212(a)(2), §237(a)(2), or §237(a)(3); and
4) Establishes that removal would result in "exceptional and extremely unusual hardship" to the alien's spouse, parent, or child who is a United States citizen or legal permanent resident.
You need an experienced attorney.