Removal Defense FAQ

Removal is the formal process by which the U.S. government requires a non-citizen to leave the country. It is initiated by filing a Notice to Appear (NTA) in immigration court.

The NTA is the charging document that starts removal proceedings. It lists the factual allegations and legal basis for why the government believes you are removable.

You have the right to be represented by an attorney, but the government does not provide one for free. You must hire your own or find free legal aid.

The judge will order you removed in absentia. This order is difficult to overturn and triggers a 10-year bar on certain forms of relief.

Yes. LPRs can be deported for criminal convictions, fraud, or other immigration violations. However, LPRs have significant defenses available.

A defense that allows certain individuals to avoid deportation. LPRs need 7 years residence + 5 years as LPR + no aggravated felony. Non-LPRs need 10 years presence + good moral character + exceptional hardship to a qualifying relative.

A broad category that includes many misdemeanors under state law: theft with 1+ year sentence, drug trafficking, fraud over $10,000, and many other offenses.

A simple DUI is generally not a deportable offense. However, felony DUI, DUI with injury, or patterns of criminal behavior may trigger removal proceedings.

Protection for people who face persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group.

Generally 1 year from date of arrival, with exceptions for changed circumstances and extraordinary circumstances. Defensive asylum in removal proceedings has different procedural rules.

Similar to asylum but with a higher burden of proof. Not subject to the 1-year deadline. Prevents deportation to the specific country but does not lead to a green card.

International law that prohibits returning anyone to a country where they would face torture. Available regardless of criminal history.

If detained, you may request a bond hearing. The judge considers flight risk and danger to community. Bond amounts typically range from $1,500 to $25,000+.

A grant allowing you to leave the U.S. at your own expense by a deadline, without a formal removal order. Preserves future immigration options.

The grant converts to a removal order plus a 10-year bar on cancellation of removal, voluntary departure, and adjustment of status.

It depends on your current immigration status. If you had work authorization before proceedings began, it may continue. You may also be able to apply for work authorization in certain circumstances.

The DHS attorney’s power to agree to favorable outcomes including termination of proceedings or administrative closure. Strong equities support requests for discretion.

Yes, through a motion to reopen. Common grounds include in absentia orders (within 180 days or at any time for lack of notice), changed country conditions, and ineffective assistance of counsel.

The BIA is the appellate body for immigration court decisions. You have 30 days to appeal an immigration judge’s decision to the BIA.

After the BIA denies your appeal, you can file a petition for review with the U.S. Circuit Court of Appeals. In California, this is the Ninth Circuit.

A process allowing DHS to deport certain individuals without a hearing before an immigration judge. If you express fear of persecution, you must be referred for a credible fear interview.

A city with policies limiting local cooperation with federal immigration enforcement. Many California cities are sanctuary cities, though this does not prevent federal enforcement.

SB 54 limits local law enforcement cooperation with ICE but does not prevent federal immigration enforcement. It provides some protection against local police honoring ICE detainers.

If DACA status lapses or is terminated, the individual may be placed in removal proceedings. While DACA is active, deportation is generally unlikely.

Strongly recommended. Studies show that represented individuals win their cases at significantly higher rates. Removal proceedings are complex federal proceedings with life-changing consequences.