Deportation, legally referred to as removal, is the process through which the United States government seeks to remove a noncitizen from the country.Removal proceedings generally begin when the Department of Homeland Security (DHS) files a Notice to Appear (NTA) with the Immigration Court. This document identifies the government's allegations and the legal grounds under which it seeks removal.During removal proceedings, an Immigration Judge determines whether the government has established the applicable grounds for removal and whether the individual qualifies for relief or protection under immigration law.These proceedings can involve multiple hearings, written legal arguments, documentary evidence, and testimony.Because removal proceedings are governed by complex laws and procedural requirements, having an experienced deportation defense attorney can be critical to understanding your options and presenting an effective defense.

Immigration court proceedings involve several stages, each with its own legal requirements and deadlines.Master Calendar HearingsA Master Calendar Hearing is generally a preliminary immigration court hearing during which the Immigration Judge addresses procedural matters, allegations and charges, potential forms of relief, and scheduling.Decisions made during these hearings can affect the course of a removal case.Our firm represents clients during Master Calendar Hearings, evaluates the government's allegations, and develops a strategy for pursuing available defenses.Individual HearingsAn Individual Hearing, sometimes called a merits hearing, is generally the stage at which the Immigration Judge considers evidence and testimony relating to an individual's application for relief or other contested issues.These hearings may involve witness testimony, examination by government attorneys, documentary evidence, and legal arguments.We prepare clients for their hearings, organize supporting evidence, and advocate for their legal rights throughout the proceedings.

The appropriate defense depends on each individual's immigration history, family relationships, personal circumstances, and the reasons the government is seeking removal.Potential defenses and forms of relief may include:Asylum and Protection From PersecutionIndividuals who fear returning to their home countries because of persecution may qualify for asylum, withholding of removal, or protection under the Convention Against Torture (CAT).These cases require careful evaluation of the applicant's experiences, the reasons for the persecution, and the applicable legal requirements.Cancellation of RemovalCertain individuals who have lived in the United States for many years may qualify for cancellation of removal based on their immigration history, family relationships, and other statutory requirements.Different eligibility standards apply to lawful permanent residents and individuals who do not have permanent resident status.Adjustment of StatusSome individuals in removal proceedings may qualify to apply for lawful permanent residence through a qualifying family relationship or another immigration category.Whether an Immigration Judge or USCIS has jurisdiction over an adjustment application depends on the circumstances of the case.Waivers of Inadmissibility or DeportabilityCertain individuals may qualify for waivers that allow them to overcome specific grounds of inadmissibility or deportability.Eligibility depends on the particular waiver, the individual's immigration history, and the applicable statutory requirements.Challenging the Government's AllegationsNot every removal case requires an application for immigration relief.In some circumstances, the government may be unable to establish the allegations or legal grounds necessary to sustain a charge of removability.Our firm carefully reviews the Notice to Appear, immigration history, supporting evidence, and applicable law to determine whether the government's charges can be challenged.