Receiving a Notice to Appear in immigration court is one of the most frightening moments a person can face — the possibility of being separated from your family, your job, and the life you have built in the United States. But being placed in removal proceedings does not mean deportation is inevitable. Several legal defenses may be available depending on your specific circumstances.
At Manuel Diaz Law Firm, our deportation defense attorneys fight to keep families together, exploring every available avenue to help you remain in the United States.
Understanding Removal (Deportation) Proceedings
How Removal Proceedings Begin
Removal proceedings typically begin when the Department of Homeland Security (DHS) issues a Notice to Appear (NTA), which outlines the government’s allegations against you and the legal grounds for removal. This can happen after an arrest, a traffic stop, a workplace raid, or during processing at a port of entry.
The Immigration Court Process
Immigration court cases are heard by an immigration judge, not a criminal court judge. The process typically includes a master calendar hearing, where you enter pleadings and identify what relief you may be seeking, followed by an individual (merits) hearing where evidence and testimony are presented.
Common Defenses Against Deportation
Cancellation of Removal
For non-permanent residents, cancellation of removal may be available if you have been physically present in the United States for at least 10 continuous years, have good moral character, have not been convicted of certain disqualifying offenses, and can show that your removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child.
Asylum, Withholding of Removal, and Protection Under the Convention Against Torture
If you fear persecution or torture in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum, withholding of removal, or protection under the Convention Against Torture (CAT), even while in removal proceedings.
Adjustment of Status
If you are eligible for a Green Card through a family relationship, employment, or another qualifying category, you may be able to adjust your status even while in removal proceedings, which could resolve your case without deportation.
Voluntary Departure
In some cases where other defenses are not available, voluntary departure allows you to leave the United States on your own terms within a specified period, avoiding a formal removal order that carries harsher immigration consequences and longer bars to future reentry.
Challenging the Grounds for Removal
In some cases, the government’s allegations may be inaccurate, or the legal basis cited for removal may not actually apply to your situation. An attorney can challenge the government’s case directly.
What Happens If You Don’t Appear in Immigration Court?
Failing to appear for a scheduled immigration court hearing will almost always result in an automatic order of removal issued in your absence (in absentia), even if you had a valid defense available. This makes it critical to attend every hearing and keep the court updated with your current address.
What to Do If You Receive a Notice to Appear
Do Not Ignore the Notice
Ignoring an NTA will not make the case go away — it will almost certainly result in an in absentia removal order.
Contact an Immigration Attorney Immediately
The earlier an attorney becomes involved, the more time exists to gather evidence, prepare applications for relief, and build the strongest possible case before your hearing.
Gather Supporting Documentation
Depending on the type of relief you may qualify for, evidence such as proof of continuous residence, family relationships, employment history, tax records, and character references can be critical to your case.
Frequently Asked Questions About Deportation Defense
Can I still work while my removal case is pending?
In some circumstances, individuals in removal proceedings may be eligible to apply for work authorization, particularly if they have a pending application for relief such as asylum. An attorney can advise on your specific eligibility.
What is the difference between deportation and removal?
Under current law, “removal” is the formal legal term, though “deportation” is still commonly used to refer to the same process of being ordered to leave the United States.
Can a removal order be appealed?
Yes. If an immigration judge orders your removal, you generally have the right to appeal to the Board of Immigration Appeals (BIA) within 30 days of the decision.
Will a criminal conviction affect my immigration case?
Certain criminal convictions can trigger removal proceedings or make you ineligible for various forms of relief. The immigration consequences of a criminal charge can be just as serious as the criminal penalty itself, which is why it is critical to consult an immigration attorney before resolving any criminal case.
How long does a deportation defense case take?
Immigration court cases can take anywhere from several months to several years to resolve, largely depending on the immigration court’s backlog and the complexity of your case.
Contact a Deportation Defense Attorney in Texas Today
At Manuel Diaz Law Firm, our deportation defense attorneys understand what is at stake for you and your family. We move quickly to identify every possible form of relief and build the strongest defense for your case.
We offer a free initial consultation and serve clients throughout Dallas County, Tarrant County, Denton County, and all of North Texas. We are fully bilingual — hablamos espanol. Call (855) 900-3429 or contact us at diazlf.com.
Manuel Diaz Law Firm | 8100 John W. Carpenter Fwy, Suite 200, Dallas, TX 75247 | Serving Dallas County, Tarrant County, Denton County, and all of North Texas
