Common Defenses to Removal
Immigration Deportation (Removal): What It Means and How to Fight It
Deportation—also called removal—is the formal process the U.S. government uses to order a noncitizen to leave the country. It usually begins with a Notice to Appear (NTA), which lists the government’s allegations and the legal charges. Next, you’ll attend a Master Calendar Hearing where the judge confirms your identity, explains rights, and schedules deadlines. Eventually, your case moves to an Individual (merits) Hearing, where evidence and testimony decide whether you can stay. Because timelines are strict, missing a hearing can trigger an automatic removal order; therefore, keep your address updated and open every notice.
Defenses and Relief That Can Stop Removal
Even if DHS files charges, many people qualify for relief. Common options include Cancellation of Removal (for LPRs and non-LPRs), Asylum/Withholding/CAT for fear-based cases, Adjustment of Status through family or employment, and Waivers like §212(h) or §237(a)(1)(H). In addition, some cases are resolved through Prosecutorial Discretion or administrative closure when equities are strong. If you have criminal history, post-conviction strategies—such as a legal vacatur, sentence modification, or a pardon—may eliminate removability or open a path to relief.
Bond, Evidence, and Strategy
If detained, you may request a bond hearing to be released while your case proceeds. To improve your chances, present proof of community ties, stable residence, employment, taxes, and rehabilitation where relevant. Meanwhile, build a persuasive record: medical and school documents for hardship, country conditions for protection claims, and organized exhibits with clear timelines. Moreover, use the categorical approach to compare your exact statute to immigration definitions; a statute that’s overbroad or divisible can defeat certain charges.
Act Now
Removal defense is fast-moving and technical. Therefore, get counsel promptly, track every deadline, and keep copies of receipts, filings, and notices. For a tailored strategy—and to protect work, family, and future options—speak with an experienced deportation lawyer today.
Immigration Deportation Process (Removal): Step-by-Step Guide
1) How a case starts: the NTA
Removal begins when DHS serves a Notice to Appear (NTA) listing factual allegations (name, nationality, entry) and legal charges of removability. Read it carefully. Do not admit the allegations or charges until a lawyer reviews them.
2) Master Calendar Hearing (MCH)
Your first court date is a short scheduling hearing. The judge confirms your address, provides an interpreter, and asks how you plead to the allegations/charges and what relief you will seek. Bring the NTA, ID, and any prior immigration receipts. If you move, file AR-11 and notify the court to avoid missed notices.
3) Detention & Bond (if applicable)
If you’re in custody, ask about a bond hearing. To improve your chances, submit proof of identity, stable residence, family ties, employment, taxes, community letters, and any rehabilitation. Some charges trigger mandatory detention—your lawyer will flag if bond is unavailable.
4) Building your defense
Common paths include:
Prosecutorial Discretion/Administrative Closure in appropriate cases.
If you have a criminal record, consider post-conviction relief (legal vacatur, re-plea, sentencing changes) to eliminate or narrow removability.
Cancellation of Removal (LPR/non-LPR) based on residence, good moral character, and qualifying-relative hardship.
Asylum/Withholding/CAT for fear-based protection.
Adjustment of Status (often with waivers).
Waivers such as §212(h) (certain CIMTs) or §237(a)(1)(H) (misrepresentation).
5) Evidence & deadlines
Your case will be set for filing deadlines and an Individual (Merits) Hearing. Submit organized exhibits: passports/I-94s, marriage & birth certificates, medical and school records for hardship, taxes and pay stubs, country-conditions reports, and expert letters. Use the categorical approach to compare the criminal statute to immigration definitions—overbroad/divisible statutes can defeat certain charges.
6) Individual Hearing
You and your witnesses testify under oath; DHS may cross-examine. The judge issues an oral or written decision. If denied, you typically have 30 days to appeal to the BIA.
Act now
The deportation process moves quickly and mistakes are costly. Therefore, contact a qualified deportation lawyer immediately, track every deadline, and keep copies of all filings and notices. Need help right away?
Schedule and Consultation or contact us (562) 495-0554