Deportation Defense

Overview

Removal (deportation) proceedings begin when the Department of Homeland Security files a charging document called a Notice to Appear with an immigration court. These courts are part of the Executive Office for Immigration Review (EOIR), a branch of the Department of Justice, and they operate very differently from criminal courts. The government is represented by a trained attorney at every hearing; the person facing removal is not given a court-appointed lawyer.

Early counsel matters. The Notice to Appear often contains factual or legal defects, and admissions made at the first hearing can be difficult to undo. Before that hearing, an attorney can review the charges, gather records, and identify every form of relief the law allows — work that is far harder to do after positions have been taken on the record.

Whether a client is detained also changes everything. Detained cases move quickly and may require an immediate bond fight; non-detained cases move slowly but demand careful long-term preparation. We handle both, and we tailor the strategy to the posture of the case.

Who Qualifies

We defend lawful permanent residents, long-time undocumented residents, asylum seekers, and people detained by ICE. Being in removal proceedings does not mean removal is inevitable — the question is what relief the law makes available. Common defenses include:

• Cancellation of removal for lawful permanent residents — generally requires seven years of continuous residence after admission, five years as a green card holder, and no aggravated felony conviction.
• Cancellation of removal for non-permanent residents — generally requires ten years of continuous physical presence, good moral character, and proof of exceptional and extremely unusual hardship to a qualifying U.S. citizen or permanent resident spouse, parent, or child.
• Asylum, withholding of removal, and protection under the Convention Against Torture for those who fear persecution or torture in their home country.
• Adjustment of status through an approved or pending family petition, where eligibility allows.
• Voluntary departure, which avoids a formal removal order and its long-term consequences.
• Prosecutorial discretion, including requests that DHS dismiss or administratively close a low-priority case.
• Bond eligibility for detained clients, so the case can be fought from home rather than from custody.

Process Steps

1. Notice to Appear review

   We examine the charging document for defective allegations, improper service, and legal errors, and we confirm what the government must prove.

2. Bond hearing, if detained

   For clients in ICE custody, we move quickly to request a custody hearing and present evidence of community ties and lack of danger or flight risk.

3. Master calendar hearing

   At this short scheduling hearing we enter pleadings, contest or concede the charges strategically, and tell the judge which relief we intend to pursue.

4. Identifying and applying for relief

   We prepare and file the applications — cancellation, asylum, adjustment, or others — along with the supporting evidence each one requires.

5. Individual (merits) hearing

   This is the trial. We present documents, expert reports where helpful, and witness testimony, and we prepare our clients thoroughly for cross-examination.

6. Decision

   The immigration judge grants relief, orders removal, or grants voluntary departure. We review the decision with you and explain exactly what it means.

7. Appeal, if needed

   An adverse decision can be appealed to the Board of Immigration Appeals within 30 days, and in some cases to the federal circuit court of appeals after that.

Timeline

How long a removal case takes depends heavily on whether the client is detained and on the backlog of the assigned immigration court. Detained dockets move in weeks; non-detained dockets often take years.

Stage	Typical time
Bond hearing (detained cases)	Days to a few weeks after a request is filed
First master calendar hearing	Weeks if detained; often many months if not
Detained case, start to decision	Commonly a few months
Non-detained case, start to merits hearing	Often two to four years or more, given court backlogs
Appeal to the Board of Immigration Appeals	Frequently six months to well over a year

These figures vary widely by court, judge, and detention status. They are general estimates based on our experience, not guarantees, and individual cases can move faster or slower.