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PUBLIC BAR ASSOCIATION

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Deportation Defense

Removal proceedings, cancellation of removal, and finding representation.

Understanding removal proceedings and your rights in Immigration Court.

Important Warning

If you receive a Notice to Appear (NTA), you are in removal proceedings. You must attend your court hearing. Failure to appear usually results in an automatic order of deportation. Immigration law is extremely complex; try to find a lawyer immediately.

The Process

  1. Notice to Appear: The document that starts the case. It lists the charges (reasons) the government wants to deport you.
  2. Master Calendar Hearing: A short, preliminary hearing where you plead to the charges and tell the judge what relief you will apply for.
  3. Individual Hearing: The trial. You present evidence and witnesses to prove why you should stay.

Forms of Relief

  • Cancellation of Removal: For certain residents who have lived in the U.S. for a long time (10+ years for non-LPRs) and have qualifying U.S. relatives.
  • Asylum: Fear of persecution in your home country.
  • Adjustment of Status: Getting a Green Card through a family member while in proceedings (if eligible).
  • Voluntary Departure: Leaving on your own to avoid a deportation order on your record.

Finding Representation

In Immigration Court, the government does not provide you with a free lawyer. You must find your own.