What is a removal defense?
Removal defense is the work of contesting deportation or seeking relief from removal in immigration court, before the Executive Office for Immigration Review. Cases begin with a Notice to Appear charging the person with removability. Available defenses depend on immigration history and may include cancellation of removal, asylum, withholding of removal, adjustment of status, or termination of proceedings.
Who qualifies?
- Anyone served with a Notice to Appear in immigration court
- Detained noncitizens who need bond or parole consideration
- People with old removal orders considering a motion to reopen
- Lawful permanent residents charged with removability based on conduct or convictions
- Asylum seekers whose cases were referred from USCIS to immigration court
How the process works
- Review the Notice to Appear. Examine the charges and assess whether the government has properly alleged removability.
- Identify available relief. Map out cancellation of removal, asylum, adjustment of status, waivers, prosecutorial discretion, and any other applicable forms of relief.
- File pleadings and applications. Plead to the charges, file applications for relief, and request supporting documents.
- Master calendar and individual hearings. Appear at master-calendar hearings and prepare for the individual merits hearing where evidence and testimony are presented.
- Bond, parole, and post-decision motions. For detained clients, prepare bond or parole requests. After a decision, evaluate appeals to the Board of Immigration Appeals or motions to reopen.
Timeline and what to expect
Immigration court cases typically take years from the first master-calendar hearing to the individual hearing. Detained cases generally move faster. Bond hearings are usually scheduled within weeks of detention.
Timelines vary. Always confirm current processing times with USCIS before relying on the windows above. USCIS source ↗
Common challenges
- Detention that limits the client's ability to gather evidence
- Strict deadlines for applications, motions, and appeals
- Convictions that trigger mandatory detention or aggravated-felony bars
- Inconsistent records that complicate cancellation-of-removal good-moral-character requirements
- Frequent rule changes that affect prosecutorial discretion
How Chaudhry Law helps
The firm appears in immigration court with a careful read of the file and a written strategy before the first hearing. We prepare clients for testimony, file the applications and motions on schedule, and treat detained matters with the urgency the family deserves.
Frequently asked questions
My family member was detained by ICE. What do we do first?
Locate the person using the ICE detainee locator, then call the firm. Bond and parole considerations move quickly and early evidence matters.
Is cancellation of removal an option for me?
Cancellation of removal has different requirements for permanent residents and nonpermanent residents. Both require continuous presence and other elements that we evaluate at the case review.
Can I reopen an old removal order?
Sometimes. Motions to reopen have strict deadlines and equitable standards. The facts and timing matter.
Can I apply for asylum in court?
Yes. Asylum can be raised defensively before the immigration judge.
Will I be deported if I lose?
A final removal order is generally enforceable. Appeals to the Board of Immigration Appeals can stay enforcement during the appeal in many cases.