Practice Area
Removal Defense in Immigration Court
Removal proceedings — sometimes called deportation proceedings — are the formal legal process by which the U.S. government seeks to remove a person from the country. You have the right to be represented by an attorney in immigration court.
Who is this for?
Removal defense is for anyone who has received a Notice to Appear (NTA) — the document that starts removal proceedings — or who is already in immigration court. It is also relevant for people who have received a final order of removal and are exploring options to reopen or appeal their case. If you or a family member is in immigration detention, contact us as soon as possible.
Possible defenses and forms of relief
- Cancellation of removal for lawful permanent residents or non-permanent residents
- Asylum, withholding of removal, or protection under the Convention Against Torture
- Adjustment of status (applying for a green card in immigration court)
- Voluntary departure — leaving the country voluntarily to avoid a formal removal order
- Motions to reopen or reconsider a prior order of removal
- Prosecutorial discretion or administrative closure
What happens in removal proceedings
- 1
Receive a Notice to Appear (NTA)
The NTA is the charging document that starts removal proceedings. It lists the government's allegations and the legal grounds for removal. You should contact an attorney as soon as you receive one.
- 2
Master calendar hearing
The first hearing in immigration court is a short administrative hearing called a master calendar hearing. The judge will ask whether you have an attorney, whether you admit or deny the charges, and what relief you are seeking.
- 3
Individual (merits) hearing
If you are seeking relief from removal — such as asylum or cancellation of removal — you will have an individual hearing where you present evidence and testimony. The government attorney will also present its case.
- 4
Immigration judge's decision
The immigration judge will issue a decision. If the decision is unfavorable, you generally have the right to appeal to the Board of Immigration Appeals (BIA) and, in some cases, to the federal courts.
- 5
Appeal if necessary
An appeal to the BIA must be filed within 30 days of the immigration judge's decision. Federal court review is available in some circumstances after the BIA rules.
Common questions about removal defense
What is a Notice to Appear?
A Notice to Appear (NTA) is the document the government files to start removal proceedings against you. It lists the charges and the date of your first court hearing. You should contact an immigration attorney as soon as you receive one.
Can I be deported if I have a green card?
Yes. Lawful permanent residents can be placed in removal proceedings for certain criminal convictions or other grounds. If you have a green card and are facing removal, you should speak with an immigration attorney immediately.
What happens if I miss my immigration court date?
If you miss a court date without a valid reason, the immigration judge will likely issue an in absentia order of removal — meaning you are ordered removed without a hearing. It is very important to attend all court dates.
Can I apply for asylum in immigration court?
Yes. Asylum is one of the forms of relief that can be raised as a defense in removal proceedings. If you fear persecution in your home country, tell your attorney so this option can be evaluated.
Ready to Take the Next Step?
Schedule a consultation. The fee is applied toward your legal fees if you retain the firm.