Deportation & Removal Defense

If you or a loved one is facing deportation from the United States, you are not alone—and you have more options than you may realize. Removal proceedings are among the most serious consequences in immigration law, but with aggressive legal representation and a comprehensive defense strategy, many individuals can successfully fight deportation and remain in the country with their families.

At Modern Law Group, deportation defense is one of our core practice areas. Our experienced immigration attorneys have successfully defended thousands of clients against removal, from bond hearings to appeals before the Board of Immigration Appeals (BIA) and federal circuit courts. We understand the fear and uncertainty you're experiencing, and we are committed to fighting for your right to stay in the United States.

What is Deportation (Removal)?

Deportation—now officially called "removal" under U.S. immigration law—is the formal process by which the federal government forces a non-citizen to leave the United States. When the Department of Homeland Security (DHS) determines that an immigrant has violated immigration laws or is otherwise deportable, it initiates removal proceedings to expel that person from the country.

The terminology changed in 1996 when Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Before this law, there were two separate processes: "deportation" for people already in the U.S. and "exclusion" for people seeking entry. IIRIRA combined these into a single "removal" process. Despite the legal terminology change, most people still use the term "deportation" colloquially.

Removal proceedings take place in Immigration Court, which is part of the Executive Office for Immigration Review (EOIR) under the Department of Justice—not the regular state or federal court system. An Immigration Judge (IJ) presides over these proceedings and has the authority to order someone removed from the United States or grant relief that allows them to stay.

Deportation vs. Removal vs. Voluntary Departure

Understanding the different ways someone can be required to leave the United States is crucial:

Type	Description	Consequences
Removal Order	Formal order by an Immigration Judge requiring departure	5, 10, or 20-year bar from re-entry; possible permanent bar; criminal penalties if re-enter illegally
Expedited Removal	Fast-track removal without court hearing (at border or within 100 miles)	5-year bar from re-entry; no hearing before a judge
Reinstatement of Removal	Reactivation of a prior removal order for someone who re-entered illegally	No new hearing; immediate deportation; possible criminal charges
Voluntary Departure	Agreement to leave by a certain date instead of being formally removed	No removal order; no automatic bar; can apply to return legally

Grounds for Deportation

The Immigration and Nationality Act (INA) specifies numerous grounds that can make a non-citizen deportable from the United States. Understanding why you're in removal proceedings is the first step in building your defense.

Immigration Violations

The most common grounds for deportation relate to violations of immigration law itself:

• Inadmissible at Entry: You were inadmissible at the time you entered the United States or adjusted your status
• Present Without Admission: You entered the country without being inspected and admitted by an immigration officer (crossing the border illegally)
• Visa Overstay: You remained in the United States beyond your authorized period of stay
• Status Violations: You violated the conditions of your visa status (working without authorization, failing to maintain student status, etc.)
• Failure to Register: You failed to register or provide required change of address notifications
• Document Fraud: You used fraudulent documents to obtain immigration benefits
• Marriage Fraud: You entered into a sham marriage solely to obtain immigration benefits
• Smuggling: You smuggled or helped smuggle other aliens into the United States

Criminal Grounds

Criminal convictions are one of the most serious triggers for deportation. The immigration consequences of criminal conduct can be severe and are often poorly understood:

Aggravated Felonies

The term "aggravated felony" has a specific meaning under immigration law that is much broader than its criminal law counterpart. Despite the name, an aggravated felony for immigration purposes doesn't have to be aggravated or even a felony under state law. Aggravated felony convictions result in mandatory deportation with virtually no relief available.

• Murder, rape, and sexual abuse of a minor
• Drug trafficking offenses (including some simple possession charges)
• Firearms trafficking
• Money laundering over $10,000
• Fraud or tax evasion over $10,000
• Theft or burglary with sentence of one year or more
• Crimes of violence with sentence of one year or more
• Commercial bribery, counterfeiting, and forgery
• Obstruction of justice with sentence of one year or more
• Failure to appear for service of sentence (if underlying offense is punishable by 5+ years)

Crimes Involving Moral Turpitude (CIMTs)

A "crime involving moral turpitude" is one that involves conduct that is inherently base, vile, or depraved—essentially, conduct that shocks the public conscience. Common examples include:

• Theft and fraud offenses
• Crimes with intent to defraud
• Crimes involving serious bodily harm
• Crimes involving lewd or lascivious conduct
• Some DUI offenses (especially with aggravating factors)

A single CIMT committed within five years of admission (or ten years for certain admissions) can make you deportable. Two or more CIMTs at any time can also trigger deportability.

Drug Offenses

Drug crimes are treated very seriously in immigration law. Any controlled substance violation (except a single offense involving 30 grams or less of marijuana for personal use) can make you deportable. Drug trafficking is an aggravated felony.

Firearms Offenses

Convictions for purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying firearms in violation of law make you deportable.

Domestic Violence and Related Offenses

Convictions for crimes of domestic violence, stalking, child abuse, child neglect, or child abandonment, as well as violations of protection orders, are deportable offenses.

Fraud and Misrepresentation

Making material misrepresentations to obtain immigration benefits—including lying on visa applications, providing false documents, or misrepresenting facts during interviews—can result in deportation and future inadmissibility.

Public Charge

If you become a public charge within five years of entry due to circumstances that existed before entry, you may be deportable. This ground requires showing that you have actually received public cash assistance for income maintenance.

Security and Related Grounds

Individuals who pose security threats, engage in terrorist activity, are members of totalitarian parties, or have engaged in Nazi persecution are deportable on security grounds.

Removal Proceedings: Step by Step

Understanding the removal process is essential for mounting an effective defense. Here is what to expect from start to finish:

1. Notice to Appear (NTA): Removal proceedings begin when DHS serves you with a Notice to Appear—a charging document that lists the allegations against you and the grounds for your removal. This document must be filed with the Immigration Court to give the court jurisdiction over your case.
2. Master Calendar Hearing: Your first appearance before the Immigration Judge. At this hearing, you'll be asked to admit or deny the allegations and charges, indicate what relief you're seeking, and schedule future hearing dates. This is typically a brief appearance with many cases on the docket.
3. Filing Applications for Relief: If you're seeking relief from removal (asylum, cancellation of removal, adjustment of status, etc.), you must file the appropriate applications with supporting evidence by the deadline set by the judge.
4. Pre-Hearing Preparation: Gather evidence, prepare your testimony, obtain expert witnesses if needed, and develop your legal strategy. Your attorney will coordinate document production with the government.
5. Individual Merits Hearing: The full trial on your case. You'll present evidence, testify under oath, and may call witnesses. The government's attorney (ICE Trial Attorney) will cross-examine you and present the government's case.
6. Judge's Decision: The judge may rule from the bench immediately or issue a written decision later. The judge can grant relief (allowing you to stay), order you removed, or grant voluntary departure.
7. Appeal (if applicable): Either party can appeal the judge's decision to the Board of Immigration Appeals (BIA) within 30 days. Further appeals to federal circuit courts may follow.

Master Calendar vs. Individual Hearings

Immigration Court proceedings involve two main types of hearings. Understanding the difference is important for preparing your case.

Aspect	Master Calendar Hearing	Individual (Merits) Hearing
Purpose	Administrative matters: pleadings, scheduling, preliminary issues	Full trial on your eligibility for relief
Duration	5-15 minutes typically	2-4+ hours depending on complexity
Number of Cases	Many cases scheduled at same time	Only your case is heard
What Happens	Admit/deny charges, state relief sought, set deadlines	Present evidence, testify, cross-examination, legal arguments
Evidence	Usually none presented	All evidence and witnesses presented
Decision	No decision on merits	Judge decides whether to grant or deny relief

What Happens at a Master Calendar Hearing

Master calendar hearings are quick but important. Here's what typically occurs:

• The judge confirms your identity and address
• You (or your attorney) respond to the factual allegations in the NTA—admitting or denying each one
• You concede or deny the charges of removability
• You state what forms of relief from removal you're seeking
• You indicate your country of removal (where you'd be sent if removed)
• The judge sets filing deadlines for applications
• The judge schedules your individual hearing date

Forms of Relief from Removal

Just because you're in removal proceedings doesn't mean you'll be deported. There are many forms of relief that may allow you to remain in the United States legally:

Asylum

If you fear persecution in your home country based on your race, religion, nationality, political opinion, or membership in a particular social group, you may qualify for asylum. Asylum provides a path to a green card and eventually citizenship. You must generally file within one year of your last arrival in the United States.

Withholding of Removal

Similar to asylum but with a higher standard of proof—you must show it's "more likely than not" you'll be persecuted. Withholding has no one-year deadline and cannot be denied as a matter of discretion, but it doesn't lead to a green card and doesn't allow you to travel internationally.

Convention Against Torture (CAT) Protection

If you can prove you'd "more likely than not" be tortured with government involvement if returned to your country, you may receive CAT protection. This doesn't require any connection to a protected ground—only proof of likely torture.

Cancellation of Removal

This powerful form of relief can give you a green card directly from Immigration Court. There are two types: one for lawful permanent residents and one for non-permanent residents (requiring 10 years of continuous presence and exceptional hardship to a qualifying relative).

Adjustment of Status

If you have an approved immigrant visa petition and meet other requirements, you may be able to adjust your status to lawful permanent resident even while in removal proceedings. This typically requires having a qualifying family member or employer sponsor.

Voluntary Departure

While not "relief" in the traditional sense, voluntary departure allows you to leave the United States on your own terms without a formal removal order. This preserves your ability to apply for visas in the future without the bars that come with a removal order.

Waivers

Various waivers exist for specific grounds of inadmissibility or deportability. For example, the 212(h) waiver can forgive certain criminal grounds, and the 212(i) waiver addresses fraud or misrepresentation. These waivers typically require showing extreme hardship to a qualifying U.S. citizen or permanent resident relative.

NACARA and Other Special Programs

Special programs exist for nationals of certain countries or individuals who meet specific criteria. The Nicaraguan Adjustment and Central American Relief Act (NACARA), registry, and other provisions may provide relief for qualifying individuals.

Cancellation of Removal: A Detailed Look

Cancellation of removal is one of the most powerful forms of relief available in Immigration Court because it results directly in lawful permanent resident status (a green card). However, it has strict eligibility requirements.

Cancellation for Lawful Permanent Residents (LPRs)

If you are a green card holder facing deportation, you may qualify for cancellation if you can demonstrate:

• Lawful permanent residence for at least 5 years: You must have held your green card for at least five years.
• Continuous residence for at least 7 years: You must have resided continuously in the United States for at least seven years after being admitted in any status.
• No aggravated felony conviction: You cannot have been convicted of an aggravated felony.

This form of cancellation "cancels" the removal proceeding and allows you to retain your green card, though the judge has discretion to deny based on negative factors.

Cancellation for Non-Permanent Residents (The "10-Year Rule")

If you are undocumented or in another non-permanent status, you may qualify for cancellation if you meet these requirements:

• 10 years of continuous physical presence: You must have been physically present in the United States for at least ten years before the NTA was filed.
• Good moral character: You must have maintained good moral character throughout the ten-year period.
• No disqualifying criminal offenses: You cannot have certain criminal convictions that bar eligibility.
• Exceptional and extremely unusual hardship: You must prove that your removal would cause "exceptional and extremely unusual hardship" to your U.S. citizen or lawful permanent resident spouse, parent, or child.

The Hardship Standard

The "exceptional and extremely unusual hardship" standard is very high—higher than "extreme hardship" required for waivers. The hardship must be to a qualifying relative (not to you), and it must be substantially beyond what would normally be expected from deportation. Factors considered include:

• Age of the qualifying relative
• Medical conditions requiring treatment not available abroad
• Special educational needs
• Psychological impact of separation
• Country conditions where the family would have to relocate
• Economic hardship beyond normal disruption
• Loss of family support systems

Prosecutorial Discretion

Prosecutorial discretion refers to the authority of immigration enforcement agencies (ICE, CBP, USCIS) to decide how to use their limited resources—including whether to pursue removal against a particular individual.

What Prosecutorial Discretion Can Mean

In practice, prosecutorial discretion can take many forms:

• Deciding not to issue an NTA: The government chooses not to begin removal proceedings
• Agreeing to administrative closure: Taking a case off the active court docket without a final decision
• Joining a motion to terminate: The government agrees that proceedings should be terminated
• Agreeing to continuances: Allowing more time before the case proceeds
• Not opposing a bond request: Not fighting release from detention
• Agreeing to voluntary departure: Allowing departure without a removal order
• Deferred action: Formally agreeing not to pursue removal for a period of time

Who Gets Favorable Discretion?

Factors that may support favorable prosecutorial discretion include:

• Long residence in the United States
• U.S. citizen or permanent resident family members
• Military service or veteran status
• Age (very young or elderly)
• Serious medical conditions
• Being a victim of crime, domestic violence, or trafficking
• No criminal history or only minor offenses
• Community ties and contributions
• Pending applications for immigration benefits

The Current Landscape

Prosecutorial discretion policies change with different administrations. Our attorneys stay current on the latest enforcement priorities and know how to request favorable exercises of discretion when appropriate for your case.

Detention and Bond Hearings

Many individuals in removal proceedings are held in immigration detention facilities. Understanding detention and bond is critical if you or a loved one has been taken into ICE custody.

Types of Immigration Detention

• Mandatory detention: Certain individuals must be detained with no possibility of bond. This includes those convicted of certain crimes, those with prior removal orders, and those in expedited removal.
• Discretionary detention: ICE has discretion to detain or release individuals who are not subject to mandatory detention.

Bond Hearings Before an Immigration Judge

If you are detained and not subject to mandatory detention, you can request a bond hearing before an Immigration Judge. At this hearing:

• You must prove you are not a danger to the community
• You must prove you are not a flight risk (likely to appear for future hearings)
• The judge will set a bond amount or deny bond entirely
• Bond amounts typically range from $1,500 to $25,000 or more

Factors in Bond Determinations

Immigration Judges consider many factors when setting bond:

• Criminal history (type and severity of offenses)
• Immigration history (prior removals, failures to appear)
• Family ties in the United States
• Length of residence in the community
• Employment history
• Whether you have a case for relief from removal
• Community ties and support

ICE Bond vs. Delivery Bond

Immigration bonds can be posted with ICE directly (if ICE has already agreed to a bond amount) or set by an Immigration Judge. To post bond, you'll need to use a bail bond company that handles immigration bonds or pay the full cash amount. Once posted, the detainee is typically released within hours.

Appeals to the BIA and Federal Courts

If the Immigration Judge denies your case, the fight isn't over. You have the right to appeal to higher authorities.

Board of Immigration Appeals (BIA)

The BIA is an administrative appellate body that reviews Immigration Judge decisions. Key points:

• Deadline: You must file your Notice of Appeal (Form EOIR-26) within 30 days of the judge's decision
• Stay of removal: Filing an appeal generally stays (pauses) your removal while the appeal is pending
• Written briefs: The appeal is decided on written arguments; there is usually no oral argument
• Standard of review: The BIA reviews legal conclusions de novo (fresh) but generally defers to the Immigration Judge's factual findings and credibility determinations
• Outcomes: The BIA can affirm (uphold), reverse, or remand (send back) the case

Federal Circuit Court Appeals

If the BIA denies your appeal, you can petition for review in the federal Court of Appeals for the circuit where your Immigration Court is located. This process:

• Must be filed within 30 days of the BIA decision
• Requires filing a Petition for Review in the appropriate circuit court
• May include a motion for stay of removal (critical to prevent deportation while appeal is pending)
• Involves full briefing and sometimes oral argument
• Is limited to legal questions—courts generally cannot revisit factual findings

Motion to Reopen or Reconsider

In some circumstances, you may be able to file a motion to reopen (based on new evidence) or motion to reconsider (based on legal error) with the Immigration Judge or BIA instead of or in addition to appealing.

What to Do If ICE Contacts You

Being contacted or approached by Immigration and Customs Enforcement (ICE) is frightening. Knowing your rights and how to respond can protect you and your case.

If ICE Comes to Your Home

1. Do not open the door: ICE agents cannot enter your home without a judicial warrant (signed by a judge) or your consent. An ICE administrative warrant is NOT sufficient. Ask them to slide the warrant under the door.
2. Stay calm and be polite: Do not argue, run, or resist, but do not consent to anything.
3. Remain silent: You have the right to remain silent. Say "I am exercising my right to remain silent."
4. Do not sign anything: Do not sign any documents without speaking to an attorney first. Documents may waive your rights.
5. Ask for an attorney: State clearly that you want to speak with an attorney before answering questions.
6. Document the encounter: If possible, have someone record the interaction, note badge numbers, and write down what happened immediately afterward.

If You Are Stopped in Public

• Ask if you are free to leave. If yes, calmly walk away.
• If not free to leave, you are being detained. You still have the right to remain silent.
• Do not run, resist, or provide false documents.
• State that you wish to remain silent and want an attorney.
• Do not answer questions about your immigration status or where you were born.

If You Are Arrested by ICE

• Stay calm. Do not resist arrest.
• Clearly state: "I am exercising my right to remain silent. I want to speak to a lawyer."
• Do not sign any documents, especially voluntary departure agreements.
• Memorize an emergency contact number for a family member or attorney.
• Your family can locate you using ICE's detainee locator or by calling 1-888-351-4024.

Your Rights During Immigration Enforcement

Regardless of your immigration status, you have constitutional rights in the United States. Knowing these rights can protect you during enforcement encounters.

Rights You Have Regardless of Status

• Right to remain silent: The Fifth Amendment protects your right not to answer questions that could incriminate you—including questions about your immigration status.
• Right against unreasonable search: The Fourth Amendment protects against warrantless searches. You do not have to consent to searches of your home, car, or belongings.
• Right to an attorney: While immigration proceedings don't provide free attorneys (unlike criminal cases), you have the right to hire an attorney or find pro bono representation.
• Right not to sign documents: You cannot be forced to sign any documents. Never sign something you don't understand.
• Right to a hearing: In most cases, you have the right to appear before an Immigration Judge before being removed.
• Right to contact your consulate: You can request to contact your country's consulate for assistance.

What Officers Can and Cannot Do

Officers CAN	Officers CANNOT (without exceptions)
Ask you questions (you don't have to answer)	Enter your home without a judicial warrant or consent
Detain you briefly if they have reasonable suspicion	Search you or your belongings without a warrant, consent, or probable cause
Arrest you with a warrant or probable cause	Force you to sign documents
Search areas in plain view	Detain you indefinitely without charges
Verify your identity if you're in custody	Deny you access to an attorney if you request one

Preparing a Family Safety Plan

Every immigrant family should have an emergency plan in case of enforcement action:

• Memorize important phone numbers (attorney, emergency contacts)
• Designate someone to care for your children if you are detained
• Prepare a folder with important documents (birth certificates, school records, medical information)
• Know your A-number (alien registration number) if you have one
• Have an immigration attorney's contact information ready
• Inform trusted friends or family of your situation

Detailed Timelines for Removal Cases

Removal cases can take anywhere from a few weeks to several years, depending on many factors. Here's what to expect:

Detained Cases

Cases where the respondent is held in ICE custody generally move faster due to detention time limits and logistical considerations:

• Bond hearing: Usually within 7-14 days of request
• Master calendar hearing: 1-4 weeks after NTA filed
• Individual hearing: 1-3 months after master calendar
• Total timeline: Often 2-6 months from arrest to final decision

Non-Detained Cases

Cases where the respondent is not in custody can take much longer due to Immigration Court backlogs:

• Time to first master calendar: 2-12+ months after NTA filed (varies greatly by court)
• Time to individual hearing: 1-4+ years after master calendar (some courts have 5+ year backlogs)
• Total timeline: Can range from 1-7+ years depending on court location

Appeal Timelines

• BIA appeal filing: 30 days from Immigration Judge decision
• BIA brief due: 21 days after transcript received (extensions available)
• BIA decision: Several months to over a year
• Federal circuit petition: 30 days from BIA decision
• Circuit court decision: 6 months to 2+ years

Why Choose Modern Law Group?

When your future in the United States is at stake, you need attorneys who will fight for you with skill, dedication, and compassion.

What Sets Us Apart

• Specialized deportation defense: Removal defense is a core focus of our practice. We handle hundreds of Immigration Court cases each year and know the judges, procedures, and strategies that work.
• Aggressive representation: We don't give up. We exhaust every legal option, from bond hearings to BIA appeals to federal court petitions.
• Experienced trial attorneys: Our lawyers have appeared in Immigration Courts across the country and know how to present compelling cases.
• Multilingual team: We serve clients in English, Spanish, Russian, and other languages.
• Emergency availability: Deportation emergencies don't wait. We offer emergency consultations and rapid response for urgent cases.
• National reach: With offices in San Diego, New York, and Texas, we can represent you anywhere in the country.
• Compassionate approach: We understand the fear and stress you're experiencing. Our team treats every client with dignity and respect.

Our Deportation Defense Services

• Emergency consultations for detainees and their families
• Bond hearings to secure release from detention
• Full representation in removal proceedings
• Cancellation of removal applications
• Asylum, withholding of removal, and CAT claims
• Adjustment of status in court
• Waivers of inadmissibility and deportability
• Motions to reopen and reconsider
• Appeals to the Board of Immigration Appeals
• Federal circuit court petitions for review
• Prosecutorial discretion requests
• Post-conviction relief coordination

Frequently Asked Questions