WHAT REMOVAL PROCEEDINGS ARE
Removal proceedings are the formal legal process through which the U.S. government seeks to deport someone from the United States. They take place in immigration court before an immigration judge. The government is represented by a Department of Homeland Security attorney. You have the right to be represented by an attorney of your choice, though one will not be appointed for you.
Proceedings begin when the government files a Notice to Appear — commonly called an NTA — which charges the individual with being removable under one or more grounds of the Immigration and Nationality Act. Receiving an NTA does not mean removal is inevitable. Many people in removal proceedings successfully defend their cases, apply for relief, or resolve their immigration status through other means.
BOND HEARINGS AND CUSTODY REDETERMINATIONS
If you or a family member is detained by immigration authorities, the first priority is often securing release from detention. An immigration judge can set a bond that allows release while the case proceeds. We file bond motions, present evidence of community ties, employment, family relationships, and other factors relevant to the bond determination, and argue for release at the bond hearing.
If bond is initially denied or set too high, a custody redetermination hearing allows us to present changed circumstances or new evidence to seek a different result. We also assess whether federal habeas corpus is appropriate in cases involving prolonged or unlawful detention.
DEFENSE IN REMOVAL PROCEEDINGS
Once the bond question is resolved, the focus shifts to the merits of the removal case. Depending on the individual's circumstances, defenses and forms of relief may include asylum, withholding of removal, or protection under the Convention Against Torture; cancellation of removal for lawful permanent residents or certain long-term residents; adjustment of status; voluntary departure; and other forms of relief available under the law.
We analyze every case carefully to identify the strongest available defense and build the evidentiary record needed to present it effectively before the immigration judge.
MOTIONS TO REOPEN AND MOTIONS TO RECONSIDER
If a removal order has already been entered — whether by default, after a hearing, or in absentia — a motion to reopen or reconsider may be available to challenge that order. A motion to reopen asks the court to consider new facts or evidence. A motion to reconsider asks the court to correct a legal error in the prior decision. Both are subject to strict deadlines and procedural requirements, and both require careful legal analysis before filing.
We also file motions to reopen based on ineffective assistance of prior counsel, changed country conditions, or other grounds that may justify reopening an otherwise final order.
APPEALS TO THE BOARD OF IMMIGRATION APPEALS
When an immigration judge issues an unfavorable decision, an appeal to the Board of Immigration Appeals may be available. The BIA is the highest administrative appellate body in the immigration system and its decisions are binding nationwide. Appeals must be filed within 30 days of the immigration judge's decision — a deadline that does not move.
We handle BIA appeals across the full range of immigration court decisions, from asylum denials to removal orders to bond determinations.
WHAT WE HANDLE
- Bond hearings and release from immigration detention
- Custody redeterminations
- Defense in removal proceedings before the immigration court
- Applications for asylum, withholding of removal, and CAT protection
- Cancellation of removal
- Motions to reopen and motions to reconsider
- Appeals to the Board of Immigration Appeals
- Federal habeas corpus for unlawful or prolonged detention
A NOTE ON TIMING
Deportation defense cases move on the court's schedule, not the client's. Deadlines in immigration court are strict, and missing them can have permanent consequences. If you have received a Notice to Appear, have a hearing scheduled, or have already received a removal order, contacting an attorney as soon as possible is the most important step you can take.
If you or a family member is in removal proceedings or has received a removal order, contact us for a consultation. Contact us All initial conversations are confidential.