Deportation Defense &
Court Proceedings

• Removal Proceedings (INA § 240)
  If the government believes you are removable, it issues a Notice to Appear (NTA) and your case goes before an immigration judge. You have the right to an attorney (at your own expense), to present evidence and witnesses, and to apply for any form of relief for which you may be eligible. Missing a hearing can result in an order of removal in your absence. If you receive an NTA, contact an immigration attorney immediately.

• Bond Hearings
  If ICE detains you, you may be able to request a hearing before an immigration judge to ask for release on bond. The judge considers whether you are a flight risk or a danger to the community. Not everyone is eligible — certain criminal convictions and security-related charges trigger mandatory detention. If bond is granted, you pay the set amount and can be released while your case continues.

• LPR Cancellation of Removal (INA § 240A(a))
  If you are a lawful permanent resident in removal proceedings, you may ask the judge to let you keep your green card. You generally must show at least 5 years of LPR status, 7 years of continuous residence after lawful admission, and no conviction for an aggravated felony.

• Motions to Reopen and Reconsider
  If you already have a removal order, your case may not be over. A motion to reopen asks the court to revisit your case based on new facts or evidence — for example, changed country conditions or ineffective prior counsel. A motion to reconsider argues the original decision contained a legal error. Strict deadlines apply, with some exceptions.

• Voluntary Departure (INA § 240B)
  This allows you to leave the U.S. on your own terms, at your own expense, by a set deadline — instead of receiving a formal removal order. The benefit is that it avoids some of the harshest re-entry bars that come with deportation. You must show good moral character, have the means to depart, and not have an aggravated felony conviction.

• Habeas Corpus Petitions
  A habeas petition is filed in federal district court to challenge the legality of your detention by ICE. It is used when the immigration court cannot grant bond, when detention has become unreasonably prolonged, or when there are constitutional concerns. A federal judge — not an immigration judge — decides whether the detention is lawful.

• Stays of Removal
  If you have a removal order and are at risk of imminent deportation, you may be able to request an emergency stay from the immigration court, the Board of Immigration Appeals, or a federal court. A stay temporarily halts deportation while a motion, appeal, or other legal challenge is pending.

• Appeals to the Board of Immigration Appeals (BIA)
  If an immigration judge denies your case, you can appeal to the BIA by filing a Notice of Appeal (Form EOIR-26). The BIA reviews the record and legal arguments. If the BIA also denies your case, you may be able to seek review in a federal court of appeals.