Office Location is Irving, Texas and Albuquerque, New Mexico
Stay updated on the latest immigration news and policy changes. Click here. Click Here
Office Location is Irving, Texas and Albuquerque, New Mexico
If you or someone you love has received a Notice to Appear from Immigration and Customs Enforcement (ICE), the words alone can be terrifying. But receiving that document does not automatically mean deportation. There is an entire area of immigration law devoted to fighting removal, and it is called removal defense.
Having practiced U.S. immigration law since 1978, I have spent decades representing individuals in removal proceedings across the country. I have seen the system evolve, the terminology change, and the stakes grow higher. In this post, I want to explain what removal defense actually means, how the process works, and why having the right attorney can change everything.
Many people still use the word “deportation,” and that is perfectly understandable. For most of American immigration history, the formal legal process of forcing someone out of the country was called deportation. Several years ago, the government changed the term to “removal.” The process itself did not change at all, only the name. So when you hear “removal defense” or “deportation defense,” know that they are completely interchangeable.
In simple terms, removal defense is the assertion by a person facing deportation that there may be a legal reason for them not to have to leave the United States. It is the fight to stay.
Removal cases begin when ICE files a document called a Notice to Appear (NTA) with the immigration court. Once that filing happens, the proceedings are officially underway. The case is then heard by an immigration judge, who has the authority to either grant relief from removal or enter an order of removal. In many cases, there are also appellate judges at the Board of Immigration Appeals (BIA) who can review decisions.
It is worth noting that the right to appeal has recently come under pressure. The current administration attempted to cut off all avenues of appeal for individuals denied relief by USCIS, ICE, and the Executive Office for Immigration Review (EOIR). Fortunately, a federal judge blocked that effort, preserving the appellate process that is so critical to due process in immigration law.
A removal defense attorney does far more than simply show up in court. The attorney’s role begins long before any hearing takes place. One of the first and most important steps is gathering a detailed personal statement from the client. This process often takes a considerable amount of time, because there is a tremendous amount of information to collect, immigration history, family connections, criminal background, employment records, community involvement, and more.
The attorney must review every detail to ensure that all possible avenues of relief have been identified. Missing even one detail can mean the difference between staying in the United States and being removed.
Beyond evidence gathering, the most critical part of removal defense is the attorney’s ability to argue the case before the judge. Immigration judges routinely see applications for relief. They expect them. In fact, judges will often tell respondents (the legal term for the person in removal proceedings) what forms of relief they may be eligible for. But it is the attorney’s job to build the strongest possible case and present it persuasively.
Judges want to see detailed documentation supporting whatever form of relief the respondent is seeking. That means medical records, affidavits, financial documentation, country conditions evidence, expert testimony, and anything else that establishes the basis for the claim. In my experience, judges read every page of a well-prepared application. They are willing to consider the evidence, but you must give them something substantial to work with.
I want to share one example that illustrates why having a skilled removal defense attorney can make all the difference. I once represented a group of 25 detainees, all of whom had received final orders of removal. Their previous attorneys had failed to identify significant errors that ICE had committed in handling their cases, deliberate errors that should have been challenged.
After my team took over, we brought these errors to the attention of the Board of Immigration Appeals. The BIA agreed, and 23 of the 25 cases were reopened. Immigration judges across the country then granted relief from removal in all but two of those cases. Individuals who had been sitting in detention with final removal orders walked out of court as permanent residents. Many of them already have green cards today and are on their way to citizenship.
That outcome was unheard of, and it would never have happened without aggressive, thorough legal advocacy.
Removal defense is about fighting for your right to remain in the United States when the government says you have to leave. The process is complex, the stakes are enormous, and the details matter. Whether you are dealing with a Notice to Appear, a final order of removal, or any stage in between, having a knowledgeable immigration attorney on your side is not a luxury. It is a necessity.
If you or a loved one is facing removal proceedings, do not wait to seek legal help. Every day matters, and every missed deadline or overlooked detail can change the outcome of your case.
John Lawit has practiced U.S. immigration law since 1978 and maintains offices in Albuquerque, New Mexico and Irving, Texas. Contact our firm today for a consultation about your removal defense case.
