Deportation & Removal Defense

A Notice to Appear, often called an “NTA,” is the document that starts deportation or removal proceedings in immigration court. The NTA explains why the government believes a person is removable from the United States and lists the immigration charges against them. It also contains information about the immigration court process and hearing location. 

A Master Calendar Hearing is usually the first hearing in immigration court. These hearings are generally short and procedural. During the hearing, the immigration judge may:

• Confirm your identity and address 
• Review the allegations in the NTA 
• Ask whether you admit or deny the charges 
• Discuss possible forms of relief from deportation 
• Set deadlines for filing applications and evidence 
• Schedule future hearings 

In many cases, several individuals appear before the judge during the same court session.

An Individual Hearing is the main trial in immigration court. At this hearing, the immigration judge listens to testimony, reviews evidence, and decides whether the person qualifies for relief from removal. Witnesses may testify, documents may be submitted, and attorneys for both sides may present legal arguments.

Individual Hearings are often scheduled months or even years after the initial Master Calendar Hearing, depending on the court’s backlog and the assigned judge.

Missing a hearing can have serious consequences. In many cases, the immigration judge may issue an “in absentia” removal order, meaning a deportation order entered because the person did not appear in court. If you move, it is very important to update your address with the immigration court and USCIS so that you continue receiving hearing notices. 

Some immigration court hearings are conducted remotely through Webex video conferencing rather than in person. Depending on the court and judge, attorneys, respondents, witnesses, or interpreters may appear virtually. 

Immigration court timelines vary significantly depending on the court location, the assigned immigration judge, the type of case, and current nationwide backlogs. Some cases may move relatively quickly, while others can take several years before reaching a final Individual Hearing. 

Yes. Individuals in removal proceedings may apply for asylum and other humanitarian protections before the immigration judge. The court process may also allow applications for withholding of removal or protection under the Convention Against Torture (CAT), depending on the circumstances of the case. 

Depending on the facts of the case, possible forms of relief may include:

• Adjustment of status through a qualifying family member 
• Cancellation of removal 
• Asylum or other humanitarian protection 
• Waivers of inadmissibility 
• Voluntary departure 
• Motions to terminate proceedings 
• Prosecutorial discretion requests 

Eligibility depends on a person’s immigration history, criminal history, family relationships, and other legal factors.

In some situations, yes. Release options may include:

• ICE parole 
• Release on recognizance 
• Bond set by ICE 
• Bond hearings before an immigration judge 

Eligibility depends on the individual’s immigration history, criminal history, community ties, and other factors.

A bond hearing is a hearing before an immigration judge to determine whether a detained person may be released from ICE custody while their immigration case continues. The judge considers issues such as community ties, prior immigration history, criminal history, and whether the person is considered a danger or flight risk. 

Yes. Evidence and witness testimony are often critical in immigration court cases. Depending on the type of relief requested, evidence may include:

• Identity documents 
• Medical records 
• Country condition reports 
• Marriage or family documents 
• Employment records 
• Letters of support 
• Expert declarations 

Witnesses may testify in person or remotely, depending on the judge’s procedures.

Individuals have the right to represent themselves in immigration court, but immigration law is complex and constantly changing. An attorney can help evaluate possible defenses, prepare applications, gather evidence, meet filing deadlines, and represent the client before the immigration judge and government attorneys. 

Yes. Many immigration court decisions may be appealed to the Board of Immigration Appeals (BIA). In some situations, cases may also proceed to federal court review. Strict filing deadlines apply, so it is important to act quickly after receiving a decision.