Complete Guide to Deportation Defense

Understanding Removal Proceedings

Removal proceedings (commonly called "deportation") are the process by which the U.S. government seeks to expel non-citizens from the country.

How Removal Proceedings Begin

Proceedings begin when the Department of Homeland Security (DHS) issues a Notice to Appear (NTA). The NTA:

• Lists the charges against you
• Alleges facts supporting those charges
• States you are removable under immigration law
• Requires you to appear before an Immigration Judge

The Immigration Court System

Immigration courts are part of the Executive Office for Immigration Review (EOIR), under the Department of Justice. Key differences from regular courts:

• No jury
• No court-appointed attorney (you can hire one but government doesn't provide one)
• Immigration judges are DOJ employees
• Rules of evidence are more relaxed

Types of Hearings

Master Calendar Hearing

• Initial appearance
• You state whether you admit or deny the charges
• You identify what relief (defense) you want to pursue
• Case is scheduled for individual hearing

Individual Hearing (Merits Hearing)

• You present your case
• Government presents its case
• Witnesses testify
• Judge makes decision

Your Rights in Removal Proceedings

Even in immigration court, you have rights:

• Right to an attorney (at your own expense)
• Right to examine evidence against you
• Right to present evidence and witnesses
• Right to cross-examine government witnesses
• Right to appeal an adverse decision
• Right to an interpreter

Forms of Relief from Removal

Several options may allow you to stay in the United States despite being in removal proceedings.

Asylum and Related Protection

Asylum

• Must show persecution based on protected ground
• Generally must apply within 1 year of arrival
• If granted, leads to green card eligibility

Withholding of Removal

• Higher standard than asylum (more likely than not)
• No one-year deadline
• Does not lead to green card
• Country-specific (can be removed to third country)

Convention Against Torture (CAT)

• Must show more likely than not to be tortured
• Torture must be by government or with government acquiescence
• No one-year deadline
• Very high standard

Cancellation of Removal

For Lawful Permanent Residents (LPRs)

Requirements:

• 7 years continuous residence after lawful admission
• 5 years as LPR
• No aggravated felony conviction

For Non-LPRs

Requirements:

• 10 years continuous physical presence
• Good moral character for 10 years
• U.S. citizen or LPR spouse, parent, or child
• Removal would cause "exceptional and extremely unusual hardship" to qualifying relative

Adjustment of Status

If you're eligible for a green card (through family, employment, etc.), you may be able to adjust status even in removal proceedings:

• Visa must be immediately available
• Must be admissible or qualify for waiver
• Cannot have certain bars

Voluntary Departure

Not a way to stay, but may be better than a removal order:

• Leave on your own terms
• Avoid formal removal order and its consequences
• May preserve ability to return legally
• Must pay bond and meet requirements

Prosecutorial Discretion

ICE may agree to:

• Dismiss proceedings
• Close case administratively
• Grant deferred action
• Use discretion not to pursue case

Factors considered: ties to U.S., family, length of residence, criminal history, immigration history.

Know Your Rights: ICE Encounters

Knowing your rights during encounters with immigration officers can protect you.

If ICE Comes to Your Door

Your Rights:

1. You don't have to open the door unless they have a judicial warrant signed by a judge (not an ICE administrative warrant)
2. You can remain silent about your immigration status, birthplace, or how you entered the country
3. You can ask to see a warrant through the door or window
4. You don't have to consent to a search without a judicial warrant
5. You can say "I want to speak with a lawyer"

What to Do:

• Stay calm
• Keep the door closed
• Ask "Do you have a warrant signed by a judge?"
• If yes, ask them to slide it under the door
• Look for a judge's signature (not just an immigration officer's)
• Do not lie or provide false documents
• Remember badge numbers and what was said
• Contact a lawyer immediately

If You're Arrested

Your Rights:

• Right to remain silent
• Right to refuse to sign documents
• Right to call an attorney
• Right to contact your consulate

What to Do:

• Say "I want to remain silent and speak to a lawyer"
• Do not sign anything without an attorney reviewing it
• Memorize a contact number for family or attorney
• Ask for an interpreter if needed

If You're Detained

Your Rights:

• Right to a bond hearing in most cases
• Right to call family and attorney
• Right to receive medical care
• Right to be free from discrimination

Preparing Now:

• Create emergency plan with family
• Designate emergency contact
• Prepare power of attorney for finances and children
• Know your A-number (immigration file number)
• Memorize important phone numbers