Deportation & Removal Defense
Defense in immigration court demands early assessment of charges, evidence, statutory eligibility, and potential appeals.
What happens in removal proceedings?
DHS files charging allegations and grounds of removability. The immigration judge determines whether the government has established removability and, when available, whether the person qualifies for relief. Master calendar hearings address pleadings and scheduling; individual hearings may involve testimony, documents, country reports, and expert evidence.
Common defenses and applications
Depending on the case, representation may include contesting inadmissibility or deportability; asylum, withholding of removal, and Convention Against Torture protection; cancellation of removal; adjustment of status; waivers; and motions challenging the validity of notices, convictions, or prior orders.
Detained clients and urgent issues
Detention can change hearing schedules, access to evidence, and availability of bond. We examine custody authority, expedited or reinstated removal, bond jurisdiction, and possible habeas challenges alongside the underlying removal defense.
Appeals and motions
Adverse rulings may require a BIA appeal, motion to reopen or reconsider, or federal petition for review. These procedures have different and sometimes very short deadlines.
What families can do when a loved one is detained by ICE
Immigration detention can be frightening, especially when a family does not know where someone has been taken or whether a removal is imminent. These steps can help family members obtain reliable information and prepare for a legal consultation.
1. Locate the person and confirm the facility
Search the ICE Online Detainee Locator using an A-number and country of birth, or the person's full name, country of birth, and date of birth. Recent arrests and transfers may not appear immediately; the locator does not list children under 18. If the person is not found, contact the relevant ICE Enforcement and Removal Operations field office or call ICE's Detention Reporting and Information Line (DRIL) at 1-888-351-4024. If the arrest was recent, also check whether the person remains with another agency or in a local jail.
2. Write down essential information
Record the person's full legal name, aliases or alternate spellings, date and country of birth, A-number (if known), facility, date and location of arrest, ICE officer or deportation officer information if available, and any upcoming court date. Save copies of detention paperwork, notices to appear, prior removal orders, immigration filings, and decisions. Avoid sending sensitive records through public social media.
3. Check the immigration court record—but do not rely on it alone
Use EOIR's Automated Case Information System or call 1-800-898-7180. The online and telephone systems may not reflect every proceeding, a newly filed case, a transfer, or an updated hearing date. Official court notices and direct confirmation with counsel or the court remain important. Some detainees have final removal orders or processes that are not ordinary immigration court cases.
4. Arrange communication and legal representation
Ask the facility about telephone access, video or in-person visits, sending documents, and how a detained person may contact an attorney. Keep communication focused: family members should not assume calls are confidential unless speaking through a protected attorney-client channel. An attorney can evaluate whether the person has a bond option, needs representation in removal proceedings, or may have an urgent federal-court claim.
5. Prepare evidence supporting possible release or relief
Depending on the case, useful records may include identity documents, proof of residence and family ties, medical records, work and tax history, school records, evidence of rehabilitation, proof of danger in the country of removal, and criminal court dispositions. If a bond hearing or release plan is available, a sponsor may need to provide identification, an address, proof of status, and evidence of the ability to assist with housing or transportation. Do not obtain or disclose someone else's private records without authorization.
6. Ask about urgent deadlines and removal risk
Tell counsel immediately if there is a scheduled flight, travel-document interview, transfer, prior removal order, reinstatement of removal, expedited-removal paperwork, or an existing asylum or Convention Against Torture (CAT) protection order. Deadlines for administrative appeals, motions, and petitions for review can be short. Filing a motion or petition does not necessarily stop removal; a separate stay may be needed. A habeas petition may sometimes challenge unlawful detention, but it is not automatically available or the correct remedy for every removal issue.
Help for families: Visit our Client Resources page for detention locators, free and nonprofit resources, the Florence Project's self-help guides, and information about bond assistance. You can also contact the firm about a consultation. Sending information does not establish an attorney-client relationship until representation is agreed upon.