Immigration
Removal Defense
Representation in immigration court for individuals facing deportation under INA Section 240.
Removal proceedings happen in immigration court before an Immigration Judge of the Executive Office for Immigration Review (EOIR). The process begins with a Notice to Appear (NTA) and ends with either a final order of removal, a grant of relief, or termination. The South Texas region has multiple immigration courts and a backlog measured in years.
Defenses to removal fall into several broad categories: contesting the charges in the NTA (the government may have charged the wrong section, the wrong factual basis, or the case may be improperly venued); seeking relief from removal (cancellation, asylum, adjustment, withholding, CAT protection, voluntary departure); and procedural challenges. The right strategy depends on the individual's history and immigration record.
Detained cases move faster than non-detained cases, but bond is often available. We work on bond from the first detention hearing, preparing the package of community ties and equities a judge looks at, and seeking redetermination where the initial bond is high or denied.
We handle removal defense throughout South Texas, including in the Harlingen Immigration Court and via teleconferencing for clients in detention. Each case is tailored: a long-term LPR with a criminal conviction needs a different defense from a recent arrival with a credible fear of return.
Common scenarios
Situations we see often
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Long-term LPR placed in removal after a state conviction
A green-card holder of many years is charged as deportable based on a state conviction. Cancellation of removal for LPRs (INA 240A(a)) may be available; the analysis turns on the conviction's immigration classification.
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Non-LPR with U.S. citizen children seeking cancellation
10 years of continuous physical presence, good moral character, and exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent, or child can support non-LPR cancellation.
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Asylum case based on persecution in country of origin
Past persecution or well-founded fear of future persecution on account of race, religion, nationality, political opinion, or particular social group can establish asylum eligibility.
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Reinstatement of a prior removal order
A reentry after a prior removal triggers reinstatement under INA 241(a)(5). Limited relief options - typically withholding of removal or CAT - may still be available.
Anonymized case stories
Real-life examples
Every case is unique. Identifying details have been modified to protect client confidentiality.
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A long-term lawful permanent resident received a Notice to Appear after a single misdemeanor conviction the government argued was an aggravated felony. We litigated the categorical-approach question at the master calendar phase and filed motions establishing the conviction did not match the generic federal definition.
Removal proceedings terminated; LPR status preserved.
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A client received an in absentia removal order after never receiving notice at a stale address on file. We filed a Motion to Reopen under INA 240(b)(5)(C)(ii), supported by mail records and an affidavit, within the statutory window.
In absentia order rescinded; case reopened.
What to do
If this happens to you
Do not miss any hearing date. Failure to appear results in an in absentia order of removal that is very difficult to undo. If you have moved, file the EOIR-33 change of address with the court and with DHS immediately.
Do not sign anything DHS hands you in detention without legal review - particularly any "stipulated removal" or "voluntary return" form. These foreclose options you may not realize you have.
How we help
How our firm can help
We obtain the A-file and the underlying charging documents through FOIA, evaluate every available form of relief, prepare and file the relevant applications (I-589, EOIR-42A, EOIR-42B, I-485 with adjustment in removal where eligible), and present the case at the merits hearing.
For detained clients we move quickly on bond and on case strategy. For non-detained clients we use the longer timeline to build the strongest record possible - country conditions for asylum, hardship evidence for cancellation, post-conviction work where it could change the immigration result.
Evidence
What evidence we will need
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The Notice to Appear (NTA) and every EOIR notice received
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Passport, I-94, and any prior immigration documents
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Complete certified criminal record dispositions for every arrest
Even dismissals and deferred adjudications.
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Proof of physical presence
Leases, school transcripts, tax returns, utility bills, medical records.
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Birth certificates of U.S.-citizen family members
For cancellation of removal hardship analysis.
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Country-condition evidence
For asylum, withholding, CAT claims.
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Medical and psychological records establishing hardship
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Affidavits from family, employers, clergy, teachers
Cautions
What NOT to do
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Do not skip a master calendar hearing
Failure to appear at EOIR results in an in absentia removal order under INA 240(b)(5). Reopening is possible but adds months and requires meeting strict standards.
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Do not leave the country while in proceedings
Departure can be treated as self-deportation, executing the removal order and triggering bars on return.
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Do not hire a notario to handle court
Notarios cannot file motions, appear at master calendar, or argue suppression. Cases handled by notarios routinely become unsalvageable.
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Do not hide criminal history from your lawyer
ICE attorneys already have the rap sheet. Surprises destroy credibility with the immigration judge.
Critical windows
Deadlines you should know
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Master calendar appearance
On the NTAThe NTA lists the date and time. Failure to appear typically triggers an in absentia removal order.
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Motion to Reopen after in absentia order
180 days (lack-of-notice cases anytime)INA 240(b)(5)(C) - 180 days for exceptional-circumstances motions; no time limit for lack-of-notice motions if properly supported.
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BIA appeal
30 days30 calendar days from the IJ's decision to file a Notice of Appeal with the Board of Immigration Appeals. Strictly enforced.
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~3.5 million
pending cases in U.S. immigration courts as of late 2023
TRAC Immigration, Syracuse University
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~4 years
average wait time for a non-detained immigration court case
TRAC Immigration
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~65
immigration judges in the South Texas / Houston region
EOIR, FY2023
Common questions
Questions about Removal Defense
What is the difference between cancellation for LPRs and non-LPRs?
LPR cancellation requires 7 years of continuous residence after lawful admission and 5 years of LPR status, with no aggravated felony convictions. Non-LPR cancellation requires 10 years of continuous physical presence, good moral character, no disqualifying convictions, and exceptional and extremely unusual hardship to a qualifying relative.
Can I get out of detention while my case is pending?
For most non-mandatory cases, the immigration judge can set a bond. Mandatory detention (INA 236(c)) applies to certain criminal convictions and other categories and forecloses bond.
What is voluntary departure?
A way to leave the U.S. without a formal order of removal, which avoids the 10-year bar on returning. There are strict deadlines and conditions. It can be granted before the case begins (pre-conclusion) or at the end (post-conclusion).
Can I appeal a removal order?
Yes, generally to the Board of Immigration Appeals (BIA) within 30 days of the immigration judge's decision. Some decisions can be further reviewed by the federal courts of appeals.
Related topics
More under Immigration
Direct consultation
Ready to talk about your case?
Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.