Removal Defense & Immigration Court
Facing deportation is frightening — but being placed in removal proceedings is not the end of your case. With the right defense strategy, many people are able to stay in the United States with their families. We represent clients in Immigration Courts nationwide.
Has ICE detained someone you love, or did you receive a Notice to Appear? Immigration deadlines are strict and missing one can cost you your case. Call (866) 369-0220 — we handle emergency detention and bond matters.
What removal proceedings actually are
“Removal” is the formal legal term for what most people call deportation. It is the process the federal government uses to require someone who is not a U.S. citizen to leave the country. The terminology changed in 1996, when Congress combined the older “deportation” and “exclusion” processes into a single removal process, but the everyday meaning is the same.
These cases are heard in Immigration Court, which sits inside the Department of Justice — not the regular state or federal court system. An Immigration Judge decides whether you are removable and, if so, whether you qualify for something that lets you stay.
Two things are worth understanding early. First, being placed in proceedings is not the same as losing; it is the beginning of a case, and cases can be won. Second, this is an adversarial process. A government attorney will argue for your removal, and while you have the right to be represented, the court will not appoint a lawyer for you the way a criminal court would.
What is at stake
A removal order can separate you from your family, end your ability to work legally, and bar you from returning to the United States for years — in some cases permanently. If you have received a Notice to Appear, or someone you know has been detained, the sooner a lawyer reviews the case the more options are usually still open.
Removal, expedited removal, and voluntary departure
Not every departure carries the same consequences. The differences matter a great deal for whether you can ever return legally.
| Type | What it is | Typical consequences |
|---|---|---|
| Removal order | An order from an Immigration Judge requiring you to leave | A bar on returning, commonly 5, 10 or 20 years, and in some cases permanent. Returning unlawfully afterwards can carry criminal exposure. |
| Expedited removal | Fast-track removal by officers without a hearing before a judge | Generally a 5-year bar, with no opportunity to present a case to a judge unless you express a fear of return. |
| Reinstatement of removal | An earlier order revived after someone re-enters unlawfully | No new hearing on the old order, and very limited relief — though a fear-based claim may still be possible. |
| Voluntary departure | Permission to leave by a set date instead of being formally removed | No removal order and no automatic removal bar, but other bars such as unlawful presence can still apply. |
Voluntary departure is not automatically the safe choice
It avoids a removal order, which is meaningful. But if you accumulated unlawful presence, the three- and ten-year bars can still apply when you try to return, and you give up whatever relief you might have won by staying and fighting. Understand what you are trading away before agreeing to it.
Why people are placed in removal proceedings
The Immigration and Nationality Act sets out the grounds that can make someone removable. Knowing which ground the government has charged is the starting point for any defense, because it determines what relief remains available.
Immigration-related grounds
- Entry without inspection — entering without being admitted by an immigration officer.
- Overstaying — remaining after an authorized period of stay expired.
- Status violations — working without authorization, or failing to maintain student or visitor status.
- Inadmissible at entry — a ground of inadmissibility existed when you entered or adjusted status.
- Fraud or misrepresentation — false information or documents used to obtain an immigration benefit.
- Failure to report a change of address — a requirement many people are unaware of.
Criminal grounds
Criminal history is one of the most serious and most misunderstood areas of immigration law. A conviction that seems minor in criminal court can carry severe immigration consequences, because the immigration definitions do not track the criminal ones.
Aggravated felonies
Despite the name, an offense classified as an “aggravated felony” for immigration purposes does not have to be aggravated, and is not always a felony under state law. The category is broad and can include certain theft, fraud, violence and drug offenses where a sentence of a year or more was imposed. This classification eliminates most forms of relief.
Crimes involving moral turpitude
This generally covers offenses involving fraud, theft, or conduct the law treats as inherently wrongful. A single such offense committed within a set period after admission can make someone removable, and two at any time can as well.
Controlled substance and firearms offenses
Nearly any controlled substance conviction can trigger removability, with a narrow exception for a single offense involving a small amount of marijuana for personal use. Firearms offenses are separately listed as removable conduct.
Domestic violence and related offenses
Convictions for domestic violence, stalking, child abuse or neglect, and violations of protective orders are grounds for removal.
If you are not a citizen and facing criminal charges
Speak with an immigration attorney before accepting any plea. A plea that looks like a good outcome in criminal court can quietly trigger mandatory removal with no relief available. The immigration consequences often turn on the exact statute, the wording of the plea and the sentence imposed — details that can sometimes be negotiated if they are addressed in time.
How a case moves through Immigration Court
Notice to Appear
The government files a charging document listing what it alleges and why it says you are removable. The court gets jurisdiction once this is filed. Read it carefully — the allegations are not always accurate, and defective notices can sometimes be challenged.
Master calendar hearing
A short first appearance. You admit or deny the allegations, state what relief you intend to seek, identify a country of removal, and receive filing deadlines and a future hearing date.
Filing your applications
Any relief you are seeking must be filed with supporting evidence by the judge’s deadline. Missing that deadline can be treated as abandoning the application.
Building the record
Gathering documents, country conditions evidence, medical or psychological evaluations, expert declarations and witness statements. This is where cases are usually won or lost.
Individual merits hearing
The full hearing on your case. You testify, evidence is submitted, witnesses may be called, and the government attorney cross-examines. This is your opportunity to present the complete picture.
The judge’s decision
The judge may rule from the bench or issue a written decision later — granting relief, ordering removal, or granting voluntary departure.
Appeal, if needed
Either side can appeal to the Board of Immigration Appeals, generally within 30 days. Further review in a federal court of appeals may follow.
Master calendar vs. individual hearings
People are often confused when their first court date lasts ten minutes. That is normal — the two hearing types serve completely different purposes.
| Master calendar | Individual (merits) | |
|---|---|---|
| Purpose | Pleadings, scheduling, preliminary issues | The full hearing on whether you qualify for relief |
| Length | Usually a few minutes | Often several hours |
| Who else is there | Many cases on the same docket | Only your case |
| Evidence | Generally none presented | All documents, testimony and witnesses |
| Outcome | No decision on the merits | The judge decides your case |
Never miss a court date
If you fail to appear without good cause, the judge can order you removed in absentia — in your absence. Reopening that kind of order is difficult and sometimes impossible. If something genuinely prevents you from attending, contact your attorney and the court immediately, ideally before the hearing.
Ways to fight removal
Being in proceedings does not mean you will be removed. Immigration law provides a number of paths that allow someone to remain, and more than one may apply to the same case. Which paths are open depends on your history, your family, how long you have been here, and what you are charged with.
Asylum
For people who fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Generally must be filed within one year of arrival, with limited exceptions. Leads to a green card.
Withholding of removal
A higher standard of proof than asylum and no one-year deadline. It prevents return to the country of persecution, but does not lead to a green card.
Protection under the Convention Against Torture
For those who would likely face torture with government involvement or acquiescence. It does not require tying the harm to a protected ground.
Cancellation of removal
Can result in lawful permanent residence directly from Immigration Court. Separate rules apply to green card holders and to non-permanent residents.
Adjustment of status
Where an approved petition and a visa are available, it may be possible to become a permanent resident while in proceedings.
Waivers
Certain grounds of inadmissibility or removability can be waived, usually by showing hardship to a qualifying U.S. citizen or permanent resident relative.
Prosecutorial discretion
The government has discretion in how it uses its resources. Depending on current policy that can mean administrative closure, termination, or agreeing not to oppose relief.
Special forms of relief
VAWA self-petitions, U and T visas, and Special Immigrant Juvenile Status can provide a path for people who have survived abuse, crime, or abandonment.
Not sure which of these applies to you?
Most people do not know what relief they qualify for until someone reviews the details. That review is free, confidential, and carries no obligation.
Cancellation of removal, in more detail
Cancellation is one of the strongest outcomes available in Immigration Court because it can produce a green card directly. The requirements are demanding, and they differ depending on your current status.
For lawful permanent residents
A green card holder in proceedings may qualify by showing all of the following:
- At least five years as a lawful permanent resident;
- At least seven years of continuous residence after being admitted in any status;
- No aggravated felony conviction.
Even when the requirements are met the judge weighs positive and negative factors and has discretion in the final decision. Presenting a full picture of family ties, work history, rehabilitation and community contribution matters enormously here.
For non-permanent residents
For someone who is undocumented or in another temporary status, the requirements are:
- Ten years of continuous physical presence before the Notice to Appear was filed;
- Good moral character throughout that period;
- No disqualifying criminal convictions;
- Proof that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child.
Understanding the hardship standard
This requirement decides most of these cases. The hardship must be to your qualifying relative, not to you, and it must go substantially beyond the difficulty separation ordinarily causes — because the law assumes ordinary hardship in every removal. Judges commonly look at:
- The age and health of the qualifying relative;
- Medical conditions requiring care that is unavailable or inaccessible abroad;
- Special educational or developmental needs;
- The psychological impact of separation, often supported by an evaluation;
- Conditions in the country the family would have to relocate to;
- Loss of caregiving or financial support the relative depends on.
Why documentation decides these cases
Hardship claims succeed on evidence, not description. Medical records, school records, psychological evaluations, country conditions reports and detailed declarations from the people affected carry far more weight than testimony alone. Building that record takes time, which is one reason to start early rather than close to a hearing date.
A limit worth knowing about
Congress caps grants of non-permanent resident cancellation at 4,000 per fiscal year. When the cap is reached decisions are reserved and carried into the following year, which can add delay even to a successful case. The cap does not apply to cancellation for permanent residents.
Detention and bond
Many people in removal proceedings are held in immigration detention while their case moves forward. Whether release is possible is often the most urgent question a family has.
Mandatory vs. discretionary detention
Some people are subject to mandatory detention and cannot be released on bond by an Immigration Judge — typically because of certain criminal convictions or a prior removal order. Everyone else may request a bond hearing.
What a bond hearing decides
At a bond hearing you generally need to show two things: that you are not a danger to the community, and that you are not a flight risk. The judge then sets an amount or denies bond. Judges commonly weigh:
- Criminal history, including the nature and age of any offenses;
- Immigration history, such as prior removals or missed hearings;
- Family ties in the United States, particularly U.S. citizen relatives;
- Length of residence and roots in the community;
- Employment history and stability;
- Whether there is a realistic case for relief — someone with a strong case has reason to appear.
Preparation makes a real difference here. Letters of support, proof of residence and employment, evidence of family relationships and a clear plan for where the person will live all help the judge see a whole person rather than a file.
Appeals and motions
An unfavorable decision is not necessarily the end of the case.
Board of Immigration Appeals
- A notice of appeal is generally due within 30 days of the judge’s decision.
- Filing a timely appeal generally pauses removal while it is pending.
- The Board decides on written briefs; oral argument is rare.
- It can uphold, reverse, or send the case back to the Immigration Judge.
Federal court review
If the Board rules against you, a petition for review may be filed in the federal court of appeals for your circuit, generally within 30 days. Unlike a Board appeal, filing this petition does not automatically stop removal — a separate stay must be requested and granted. Review is largely limited to legal questions.
Motions to reopen and reconsider
Where there is important new evidence, or the decision contains a legal error, a motion to reopen or reconsider may be appropriate. These have their own deadlines and limits, with some exceptions — for example for changed country conditions or ineffective assistance of prior counsel.
Deadlines here are unforgiving
Immigration appeal deadlines are strict, and missing one by even a day can end your right to appeal. If you have received a decision you disagree with, have it reviewed straight away rather than waiting.
If ICE contacts you
These encounters are frightening and happen quickly. Knowing a few things in advance protects both you and your case.
If officers come to your home
- You do not have to open the door. Officers need a warrant signed by a judge to enter without your consent. An administrative immigration warrant is not the same thing. You can ask them to slide it under the door so you can read it.
- Stay calm and do not run. You can decline to consent without being confrontational.
- You have the right to remain silent — and you can say so out loud.
- Do not sign anything before a lawyer has read it. Some documents give up your right to a hearing.
- Ask for a lawyer clearly, and repeat it if necessary.
- Write down what happened as soon as you can — names, badge numbers, times.
If you are stopped in public
- Ask whether you are free to leave. If yes, you may calmly walk away.
- If you are not free to leave you are being detained — you still have the right to remain silent.
- Never present false documents. That creates a separate and serious problem.
- You are not required to answer questions about your country of birth or immigration status.
If someone has been detained
- Find them using the ICE online detainee locator — you will need their full name and country of birth, or their A-number.
- Write down the A-number. Almost everything in the case depends on it.
- Do not let them sign a voluntary departure or stipulated removal without legal advice.
- Gather proof of residence, work history, family relationships and community ties. This is what a bond hearing runs on.
Be careful about signing anything in detention
People are sometimes asked to sign documents they have not fully understood, occasionally in a language they do not read well. Signing can waive the right to see a judge and lead to rapid removal. It is always reasonable to say you want a lawyer to review it first.
How long these cases take
Timelines vary enormously depending on whether the person is detained and which court is handling the case.
Detained cases
These move quickly, because someone is in custody. A bond hearing is often held within a week or two of the request, the master calendar hearing follows shortly after, and the individual hearing can come within a few months.
Non-detained cases
These are governed by court backlogs, which are substantial. It is common to wait many months for a first hearing and, in some courts, years for an individual hearing. Immigration courts nationwide are carrying a backlog in the millions of cases.
A long wait is not only bad news
Delay is stressful and we will not pretend otherwise. But it also creates time — to gather stronger evidence, to accrue the continuous presence some relief requires, for a pending family petition to become current, or for the law to change. Cases that looked weak at the first hearing are sometimes winnable by the last one.
Working with our firm
Santos Khoury LLC represents people in Immigration Courts across the United States. Immigration law is federal, so we can represent clients regardless of which state they live in, from our offices in San Diego, Miami and Guaynabo.
- Court work is central to our practice. Removal defense is not something we take on occasionally — it is what the firm is built around.
- Detained and non-detained cases. We handle emergency detention and bond matters as well as long-running non-detained cases.
- You will understand your case. We explain where things stand in plain language, in English or Spanish, and tell you what we actually think rather than what is easiest to hear.
- Founded by children of immigrant families. Our partners grew up around this system, and it shapes how the firm treats the people who walk through the door.
- Representation through appeal. Bond hearings, merits hearings, applications for relief, motions to reopen, and appeals to the Board of Immigration Appeals.
Frequently asked questions
I just received a Notice to Appear. What should I do first?
Do not ignore it, and do not miss the hearing date printed on it. Have the document reviewed as soon as possible — the allegations are not always correct, and the charges listed determine what relief you can seek. The earlier a case is assessed, the more options tend to be available.
Can I fight deportation if I have a criminal record?
Often, yes. Certain serious convictions sharply limit the available options, but many people with criminal history successfully defend their cases. What matters is the specific offense, how it is classified under immigration law, when it happened, and what sentence was imposed. That analysis is worth doing properly before assuming a case is hopeless.
Can someone get out of detention while the case is pending?
Sometimes. If the person is not subject to mandatory detention, they can request a bond hearing. The judge weighs danger to the community and flight risk. Strong evidence of family ties, stable residence, employment and a genuine case for relief all improve the chances of release.
Do I get a free lawyer in immigration court?
No. Unlike criminal court, immigration court does not appoint counsel. You have the right to be represented at your own expense, or by a pro bono organisation if one is available and has capacity. The government will be represented either way, which is why going in unrepresented puts you at a real disadvantage.
What happens if I miss my hearing?
The judge can order you removed in your absence. That order is difficult to reopen, though it is sometimes possible where you never actually received notice or where genuinely exceptional circumstances prevented you attending. If you have missed a hearing, get advice quickly — the deadlines for reopening are limited.
Can ICE deport me while my appeal is pending?
A timely appeal to the Board of Immigration Appeals generally pauses removal while it is being decided. A petition for review in federal court does not — a stay has to be requested separately and granted by the court. This distinction catches people out and is one reason appellate deadlines matter so much.
How long will my case take?
If the person is detained, often a few months. If not, it depends heavily on the court — waits of a year or more for a first hearing are common, and some courts schedule individual hearings years out. We can give you a realistic estimate for your specific court once we know where your case is filed.
What does removal defense cost?
It depends on whether the case is detained, what relief is being sought, and how many hearings and filings are involved. We discuss fees openly at the consultation, before you commit to anything, and we offer payment plans for most matters. You will not get a surprise bill from us.
Do you handle cases outside California, Florida and Puerto Rico?
Yes. Immigration law is federal, so we represent clients in Immigration Courts nationwide regardless of where you live.
The information on this page is general legal information about how removal proceedings work. It is not legal advice and does not create an attorney-client relationship. Immigration law changes frequently, and outcomes depend on the specific facts of each case. Past results do not guarantee or predict a similar outcome in any future matter. Please speak with a licensed attorney about your own situation.
Facing removal? Let’s talk about your options.
A short conversation can tell you a great deal about where your case stands. Consultations are free and confidential, and there is no obligation afterwards.