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Removal (Deportation) Defense

What happens when the government seeks to remove a non-citizen from the United States, the hearing they are entitled to, and the forms of relief an immigration judge can grant.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of Immigration law firms.

What it means

Removal is the legal name for deportation. It begins when the Department of Homeland Security serves a Notice to Appear stating the grounds on which it says the person is removable, for example entering without inspection, overstaying a visa, or a criminal conviction that the immigration statute makes a removable offense. The case is heard by an immigration judge in the Executive Office for Immigration Review, part of the Department of Justice, not by a court of the judicial branch. The person has the right to a hearing, to be represented by a lawyer at their own expense (the government does not appoint one), to present evidence and to appeal to the Board of Immigration Appeals, and from there to a federal court of appeals on questions of law. Some people are placed instead in expedited removal at or near the border, which has far fewer procedural protections, and people with certain convictions face mandatory detention while their case is pending.

Defending a case means contesting the charge, applying for relief, or both. The main forms of relief that an immigration judge can grant include asylum, withholding of removal and protection under the Convention Against Torture for people who fear persecution or torture in their country; cancellation of removal, in one form for long-term lawful permanent residents and in another for people without status who have lived in the United States for a long period, have qualifying relatives who would suffer exceptional hardship and meet good-character requirements; adjustment of status to permanent residence where a family or employment petition makes the person eligible; waivers of particular grounds of inadmissibility or deportability; and voluntary departure, which avoids a formal removal order and its bar on returning. A removal order carries serious consequences: a bar on lawful return for a period that depends on the circumstances, and criminal penalties for returning without permission.

Criminal cases and immigration cases interact closely. The Supreme Court has held that a defense lawyer must advise a non-citizen client about the deportation consequences of a guilty plea, and a plea that looks minor in state court can be an "aggravated felony" or a "crime involving moral turpitude" under the immigration statute. A person in removal proceedings who also has a pending criminal case needs both lawyers talking to each other. Immigration law is entirely federal and changes frequently through statute, regulation, agency memoranda and litigation, so the specific relief available to a given person can change while their case is pending.

Where this comes from

Immigration and Nationality Act, as codified in Title 8: grounds of inadmissibility and deportability, 8 U.S.C. §§ 1182, 1227; removal proceedings and the right to counsel at no expense to the government, 8 U.S.C. § 1229a; expedited removal, § 1225(b); mandatory detention, § 1226(c); asylum and withholding, §§ 1158, 1231(b)(3); Convention Against Torture protection, 8 C.F.R. §§ 1208.16-1208.18; cancellation of removal, 8 U.S.C. § 1229b; adjustment of status, § 1255; voluntary departure, § 1229c; judicial review, § 1252. Procedure before immigration judges and the Board of Immigration Appeals: 8 C.F.R. Part 1003 and Part 1240. Advice on immigration consequences of a plea: Padilla v. Kentucky, 559 U.S. 356 (2010). Notice to Appear requirements: Pereira v. Sessions, 585 U.S. 198 (2018); Niz-Chavez v. Garland, 593 U.S. 155 (2021).

When people hire a lawyer for this

Get an immigration lawyer as soon as a Notice to Appear is served or a family member is detained; deadlines in removal proceedings are short, missing a hearing results in a removal order in your absence, and the forms of relief depend on facts a lawyer needs to gather early. Use only a licensed attorney or a Department of Justice accredited representative at a recognized organization; "notarios" and immigration consultants are not permitted to represent people in immigration court and have cost many people their cases. Nonprofit legal aid organizations and law school clinics represent some people in removal proceedings at no charge, and the immigration court gives every respondent a list of free legal service providers. If you have any criminal charge pending, tell your immigration lawyer and your criminal defense lawyer about each other.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find Immigration law firms in your state

Choose your state to see Immigration law firms in the city where we list the most; your city may be under “other cities”, A to Z. A state marked “Business Law” has no Immigration listing yet and opens the broader page.

Alabama (Birmingham)
+1 other city
- Montgomery
Alaska (Anchorage)
Arizona (Chandler)
+6 other cities
Arkansas (Little Rock)
California (Los Angeles)
+19 other cities
- Anaheim
- Bakersfield
- Chula Vista
- Fontana
- Fremont
- Fresno
- Irvine
- Oakland
- Oxnard
- Riverside
- Sacramento
- San Bernardino
- and 7 more with fewer listed firms
Colorado (Aurora)
+2 other cities
- Colorado Springs
- Denver
Connecticut (Bridgeport)
Delaware (Wilmington, Business Law)
District of Columbia (Washington)
Florida (Orlando)
+5 other cities
Georgia (Atlanta)
Hawaii (Honolulu)
Idaho (Boise, Business Law)
Illinois (Chicago)
Indiana (Fort Wayne)
+1 other city
- Indianapolis
Iowa (Des Moines)
Kansas (Kansas City, Business Law)
+1 other city
- Wichita
Kentucky (Lexington)
Louisiana (Baton Rouge)
+2 other cities
- New Orleans
- Shreveport
Maine (Portland)
Maryland (Baltimore)
Massachusetts (Boston)
Michigan (Detroit)
Minnesota (Minneapolis)
+1 other city
- Saint Paul
Mississippi (Jackson)
Missouri (Kansas City)
+1 other city
- St. Louis
Montana (Billings, Business Law)
Nebraska (Lincoln)
+1 other city
- Omaha
Nevada (Henderson)
+2 other cities
- Las Vegas
- North Las Vegas
New Hampshire (Manchester)
New Jersey (Jersey City)
+1 other city
- Newark
New Mexico (Albuquerque)
New York (New York City)
+2 other cities
- Buffalo
- Rochester
North Carolina (Charlotte)
+5 other cities
North Dakota (Fargo)
Ohio (Cincinnati)
+3 other cities
Oklahoma (Oklahoma City)
+1 other city
- Tulsa
Oregon (Portland)
Pennsylvania (Philadelphia)
+1 other city
- Pittsburgh
Rhode Island (Providence)
South Carolina (Columbia)
South Dakota (Sioux Falls, Business Law)
Tennessee (Nashville)
+1 other city
- Memphis
Texas (Houston)
+11 other cities
Utah (Salt Lake City)
Vermont (Burlington)
Virginia (Norfolk)
+3 other cities
Washington (Seattle)
+2 other cities
- Spokane
- Tacoma
West Virginia (Charleston)
Wisconsin (Madison)
+1 other city
- Milwaukee
Wyoming (Cheyenne, Business Law)

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Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.

If you cannot afford a lawyer, civil legal aid programs provide free help with many of these problems: civil legal aid programs by state.

Related free reference tools: statute of limitations for a personal-injury claim, by state, quoted from each state's official text - part of LawyerLand's legal reference tools.