Removal Defense
Removal proceedings are adversarial. A government attorney appears on the other side, and nobody is appointed to represent you — in immigration court, there is no public defender. People who go through it alone fare substantially worse than those who do not.
This office represents people in immigration court, who are detained or who are appearing from home.
What the Process Looks Like
DETENTION AND BOND
If someone is held, the first question is release. A bond hearing asks the judge to set an amount, based on whether the person is a flight risk or a danger. Not everyone is eligible, and the determination can turn on criminal history.
MASTER CALENDAR HEARING
A short, procedural appearance where the charges are addressed and relief is identified. Several cases are heard the same morning. This is where the shape of the case gets set.
THE INDIVIDUAL (MERITS) CALENDAR HEARING
Testimony, evidence, cross-examination, and a decision.
APPEAL
An adverse decision can be appealed to the Board of Immigration Appeals, and in some cases beyond. Deadlines are short and strictly enforced.
IF SOMEONE HAS BEEN DETAINED:
Do not sign anything you have not had explained to you — particularly any document agreeing to leave the country or accepting a removal order. You have the right to speak to a lawyer and the right to a hearing before an immigration judge. Asking for both is not an admission of anything.
What Relief May Be Available
The question is never only whether someone can be removed. It is what relief they qualify for.
CANCELLATION OF REMOVAL - For people who have been present a long time and have qualifying family members who would suffer
ASYLUM - Asylum and related protections, including withholding of removal and protection under the Convention Against Torture are for people who have faced harm or will face harm based on a qualifying basis if they return to their home country, and have a fear to do so.
ADJUSTMENT OF STATUS - Where a family petition makes a green card available even mid-proceedings.
WAIVERS - Waivers for specific grounds of inadmissibility or deportability.
VOLUNTARY DEPARTURE - Voluntary departure avoids a removal order but carries conditions and consequences of its own.