​​​​What Are Removal Proceedings?

Removal proceedings begin when the Department of Homeland Security (DHS) files a Notice to Appear (NTA) with the immigration court. The NTA alleges that the individual is removable and lists the legal grounds for deportation, such as unlawful entry, overstaying a visa, or certain criminal convictions.

 

Once proceedings begin, the case is assigned to an immigration judge. The government is represented by a DHS trial attorney, and the respondent—the person facing deportation—has the right to be represented by an attorney at their own expense. Immigration judges do not appoint public defenders, which is why legal representation is so important.

 

​​​​Immigration Court Process

​Removal proceedings typically involve multiple court hearings. Early hearings focus on confirming the charges of removability and determining what forms of relief may be available. Later hearings may involve presenting evidence, witness testimony, and legal arguments in support of relief from removal.

 

The immigration judge ultimately decides whether the individual is removable and, if so, whether they qualify for any defense or relief that would allow them to remain in the United States. Decisions may be appealed to the Board of Immigration Appeals (BIA) and, in some cases, to federal court.

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​​​Common Forms of Deportation Defense and Relief

​There is no single defense that applies to everyone. Deportation defense depends on the individual’s immigration history, family ties, criminal record, and personal circumstances. Common forms of relief may include asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal, adjustment of status through a family petition, VAWA relief, U visas, T visas, or prosecutorial discretion. In some cases, a respondent may seek termination or administrative closure of proceedings to pursue an application with USCIS, such as a marriage-based green card or VAWA petition. In other cases, voluntary departure may be considered as a last resort to avoid a formal removal order.

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​​​​Detained vs. Non-Detained Removal Proceedings

​Some individuals face removal proceedings while detained by Immigration and Customs Enforcement (ICE), while others remain free in the community. Detained cases often move more quickly and involve additional legal issues, such as bond eligibility. Non-detained cases may proceed more slowly but still require careful monitoring of deadlines and court appearances. Missing a court hearing can result in an in absentia removal order, which can be extremely difficult to reopen. Attending all hearings and keeping the court informed of address changes is essential.

 

Immigration court is complex, fast-moving, and unforgiving of mistakes. Even individuals who qualify for relief can lose their cases due to missed deadlines, incomplete evidence, or procedural errors. A deportation defense lawyer helps identify all available forms of relief, develop a legal strategy, prepare testimony and evidence, and advocate before the immigration judge.

 

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Attorney Fee: Various

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At Dream Immigration Law, we understand that removal proceedings are overwhelming and stressful. We work closely with clients to explain their options clearly, prepare strong defenses, and fight for every available form of relief under the law. Our goal is to protect your rights, keep families together, and pursue the strongest possible outcome in immigration court.

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