Deportation/Removal Defense

Deportation and removal cases are some of the most serious matters in U.S. immigration law, and having the right legal strategy can make the difference between staying with your family and being forced to leave the country.

Removal (deportation) is the process the U.S. government uses to try to expel a noncitizen from the United States for alleged violations of immigration or criminal laws. It usually begins when the Department of Homeland Security issues a Notice to Appear (NTA) and files it with the Immigration Court. At that point, your rights, options, and deadlines become extremely important. A strong defense focuses on challenging the government’s case and presenting all available legal grounds for you to remain in the United States.

People can be placed into removal proceedings for many different reasons, including:

• Entering the United States without inspection or using false documents.
• Overstaying a visa or violating the terms of a nonimmigrant status.
• Certain criminal convictions, including offenses that are considered “crimes involving moral turpitude” or “aggravated felonies.”
• Allegations of fraud or misrepresentation in an immigration application.
• Violations of prior immigration orders, such as failing to depart after a voluntary departure order or returning after a prior removal.

Each ground of removability has specific legal elements, and in many cases it is possible to dispute whether the government has correctly applied the law to your situation.

Even if the government believes you are removable, you may still qualify for relief that allows you to stay in the United States and, in some cases, obtain permanent residence. Depending on your history and your ties to the U.S., options can include:

• Cancellation of removal for certain permanent residents and non–permanent residents who meet strict requirements involving time in the U.S., good moral character, and hardship to qualifying relatives.
• Asylum, withholding of removal, or protection under the Convention Against Torture for people who fear persecution or torture in their home country.
• Adjustment of status based on a family or employment petition if you are otherwise eligible to apply for a green card before the Immigration Judge.
• Waivers of certain immigration violations, such as misrepresentation, unlawful presence, or some criminal grounds, when the law allows and you can show extreme hardship or other required factors.
• Termination or dismissal of proceedings when the government cannot prove its case or when there are legal defects in the charges or the process.

An experienced attorney can help you identify which forms of relief apply in your situation and build the evidence you need to support your case.

Removal cases are heard in Immigration Court before an Immigration Judge. The process usually includes:

1. Master calendar hearings, where the judge confirms the charges, takes your pleadings, and sets deadlines.
2. Individual (merits) hearings, where you present testimony, documents, and legal arguments to support your defense or relief application.
3. Decisions and appeals, where the judge issues a decision, and you may have the right to appeal to the Board of Immigration Appeals and, in some cases, to a federal court.

Throughout this process, it is critical to meet all deadlines, attend all hearings, keep your address updated with the court, and follow any instructions you receive. Missing a hearing can result in an automatic order of removal in your absence.

Deportation and removal proceedings can be overwhelming, especially when your family, job, and future in the United States are at stake. A dedicated immigration lawyer can:

• Review the Notice to Appear and challenge errors in the charges or evidence.
• Identify all possible defenses and forms of relief for which you may qualify.
• Prepare and file applications, waivers, and support documents with the court.
• Represent you at hearings, present witnesses, and cross‑examine government witnesses.
• Advise you about the risks, timelines, and consequences of different options, including appeals and post‑order strategies.

If you or a loved one has received a Notice to Appear or is already in Immigration Court, contact our office as soon as possible to discuss your case. Early, informed legal guidance can greatly improve your chances of remaining in the United States.