If you have been placed in removal proceedings
Removal proceedings are the federal government's process for deciding whether a person must leave the United States. The case usually starts when the Department of Homeland Security (DHS) issues a Notice to Appear, often called an NTA, and files it with the immigration court (EOIR).
You may be in this situation because you were stopped at the border, arrested by ICE, denied a benefit by USCIS and referred to court, or picked up after an old order resurfaced. Some people in proceedings have lived here for decades and have U.S. citizen children. Others arrived recently and asked for asylum.
Whatever brought you here, the most important thing to know is this: receiving an NTA is not the same as being deported. It is the start of a case, and in that case you have the right to present a defense.
How a removal case moves through immigration court
Immigration law is federal, so the process is the same whether you live in Virginia, Maryland or Washington DC. The decision is made by an immigration judge at the immigration court (EOIR), not by ICE and not by USCIS. A government attorney from DHS argues the other side.
- Notice to Appear (NTA): the charging document. It lists the government's allegations about you and the legal reason it says you are removable.
- Master calendar hearing: a short first hearing. The judge confirms your information, asks whether you admit or deny the charges, and sets deadlines for your applications.
- Applications for relief: your lawyer files the forms that match your defense, such as Form I-589 for asylum or Form EOIR-42B for cancellation of removal.
- Individual (merits) hearing: the full hearing where you testify, present witnesses and evidence, and the DHS attorney can question you.
- Decision: the judge grants relief, orders removal, or grants voluntary departure. Either side may appeal to the Board of Immigration Appeals (BIA).
What a deportation defense lawyer at USG Law Group does for you
We start by reading your NTA closely and, when needed, requesting your immigration file through a FOIA request. Sometimes the government's charges are wrong or the NTA has defects, and that can matter.
Then we identify every form of relief you may qualify for and build the strongest one. That means gathering evidence, preparing declarations, finding and preparing witnesses, and filing everything on the court's schedule.
Before your individual hearing we practice your testimony with you in the language you are most comfortable speaking. On the day of the hearing we are at the table with you, handling motions, objections and the legal arguments.
If the judge rules against you, we review the decision and advise you on an appeal to the BIA or a motion to reopen.
Defenses that may be available in removal proceedings
The right defense depends on your history, your family, and how you entered the country. The most common options are:
- Asylum, withholding of removal, and protection under the Convention Against Torture (CAT) for people who fear persecution or torture in their home country. Asylum generally must be requested within one year of arrival, with exceptions.
- Cancellation of removal for non-permanent residents (Form EOIR-42B), which may apply if you have ten years of continuous presence, good moral character, and a U.S. citizen or permanent resident spouse, parent or child who would suffer exceptional and extremely unusual hardship.
- Cancellation of removal for lawful permanent residents (Form EOIR-42A), for green card holders who meet the residence requirements.
- Adjustment of status in court, if you have an approved or approvable family petition (Form I-130) and are otherwise eligible to become a permanent resident.
- Voluntary departure, which lets you leave on your own terms and avoid some of the consequences of a removal order.
- Termination or dismissal of the case, when the charges cannot be sustained or DHS agrees to close the case.
What can go wrong, and why timing matters
Deadlines in immigration court are strict. If an application is filed late, the judge may refuse to consider it. If you move and do not update your address with the court using Form EOIR-33, notices can go to the wrong place and you may be ordered removed without knowing it.
Certain criminal convictions can bar some forms of relief or trigger mandatory detention. Prior removal orders, false claims to citizenship, and long gaps in presence can also create problems. These issues do not always end a case, but they need to be handled carefully and honestly.
If any of this sounds like your situation, use the free consultation. We would rather tell you the truth early than have you hear it in front of the judge.
Why families choose USG Law Group for removal defense
Attorney Sandra Leiva handles our immigration court (EOIR) cases, including removal defense, detained clients and bond hearings. Attorney Marianela Uribe, our founder, is an immigrant herself. She is licensed in Maryland and Virginia and serves clients in Washington DC.
Clients tell us we explain everything in detail and that we prepared their cases sooner than other offices had quoted. We offer evening, weekend and virtual appointments, payment plans. Every conversation can happen in English or Spanish.
Related pages that may help: Immigration Court, Bond Hearings, Cancellation of Removal, and Appeals and Motions to Reopen.
