Deportation Defense
Defense Against Removal Proceedings in Connecticut & New York
Receiving a Notice to Appear can be terrifying. Expert representation in removal proceedings materially improves outcomes. The firm addresses every aspect of removal proceedings — from initial ICE detention to final resolution in court — to protect your right to remain in the U.S.
- New York Licensed
- 14+ Years Experience
- 5 Languages
- 5.0 / 134 Reviews
Deportation defense — quick answer
Removal proceedings begin when DHS files a Notice to Appear (NTA)under INA § 239 with an EOIR immigration court. Forms of relief include cancellation of removal (INA § 240A), asylum and withholding of removal (INA §§ 208, 241(b)(3)), adjustment of status, and voluntary departure (INA § 240B). EOIR's pending caseload exceeds 3.7 million cases as of December 2024 (TRAC Immigration). Representation materially improves outcomes — TRAC and American Immigration Council data show represented respondents obtain relief at several multiples of the unrepresented rate.
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Our Services
Deportation Defense Services We Provide
- Emergency Bond Hearings for ICE detention in CT & NY
- Cancellation of Removal for Non-LPR & LPRs
- Defensive Asylum, Withholding of Removal, and CAT Protection
- Adjustment of Status in Immigration Court
- Defense against criminal-related deportation and removal charges
- Motions to Reopen & Reconsider deportation orders
- Federal Court Appeals of removal orders
- Strategic Voluntary Departure as a last resort
Our Approach
Your Shield in Immigration Court
The firm deploys a multi-layered strategy to defend your right to stay in the United States.
Bond Hearings
Our first priority is securing your release from ICE detention by fighting for a reasonable bond.
Cancellation of Removal
We build strong 'exceptional hardship' cases for long-term residents to obtain a green card and avoid deportation.
Defensive Asylum
We file robust defensive asylum, withholding of removal, and CAT claims for those fleeing persecution.
Immigration Appeals
If a decision is unjust, we are prepared to appeal to the BIA and federal circuit courts.
Relief
Forms of Relief from Removal
Cancellation of Removal
For LPRs: 7+ years as LPR, no aggravated felonies. For non-LPRs: 10+ years presence, exceptional hardship to qualifying relatives.
- · Continuous physical presence requirement
- · Good moral character standard
- · Annual cap of 4,000 for non-LPRs
Asylum Defense
Protection for those facing persecution based on race, religion, nationality, political opinion, or particular social group.
- · One-year filing deadline (with exceptions)
- · Credibility paramount in defensive proceedings
- · Includes spouse and unmarried children under 21
Adjustment of Status
Obtaining permanent residence while in removal proceedings through family or employment petitions.
- · Requires approved I-130 or I-140 petition
- · Visa must be current or filing chart available
- · Can terminate removal proceedings
Why Legal Representation Matters
Our Process
How We Handle Your Deportation Defense Case
- 1
Emergency Response & Case Assessment
Upon contact, we provide a rapid 24-hour consultation, respond to ICE detention centers, and immediately begin building a strategy for your bond hearing and initial defense.
- 2
Master Calendar Hearing & Pleading
At your first hearing, we formally enter our appearance, admit or deny the charges in the Notice to Appear, and inform the court of the specific relief you will be seeking.
- 3
Application for Relief & Evidence Gathering
We prepare and file detailed applications for relief, such as Cancellation of Removal or Asylum, and gather extensive evidence, including medical records, financial documents, and expert testimony.
- 4
Individual Merits Hearing & Decision
This is your trial. We present your case, cross-examine government witnesses, and make our final arguments. The Immigration Judge will then issue a decision, which can be appealed if unfavorable.
Documents
What you'll need to defend a removal case
Time is short and every document matters. We build the trial record from the moment a Notice to Appear lands or a client is detained.
- • Notice to Appear (Form I-862), any continuance orders, and the EOIR hearing notice
- • Complete A-file (FOIA request via DHS / USCIS) for the prior immigration record
- • Certified criminal-history disposition for every arrest or conviction
- • Tax returns, W-2s, and proof of physical presence for cancellation of removal
- • Medical, mental-health, and school records for qualifying U.S. citizen / LPR relatives
- • Birth, marriage, and naturalization certificates for the family unit
- • Country-conditions evidence for any asylum, withholding, or CAT claim
- • Form I-589, Form EOIR-42A / 42B, Form I-485, or Form I-918 as applicable
- • Form EOIR-28 entry of appearance and Form EOIR-26 if appeal is contemplated
- • Bond determination evidence — ties to community, employment, and sponsor letters
Common pitfalls
Where removal cases collapse
In absentia removal
Missing a hearing triggers an in absentia order under INA § 240(b)(5). Only narrow grounds permit reopening (no notice, exceptional circumstances, or change of address documented on Form EOIR-33).
Stop-time rule surprises
Per Pereira v. Sessions and Niz-Chavez v. Garland, NTA defects affect the INA § 240A(d)(1) stop-time rule. The error must be raised early — once briefed in motions, not on appeal.
Criminal pleas without immigration advice
Under Padilla v. Kentucky, every plea must be tested for immigration consequences. Aggravated felony or CIMT classifications can foreclose almost all relief.
No automatic stay on PFR
A Petition for Review to the Second Circuit does not stop deportation under INA § 242(b)(3)(B). Separate stay motions are mandatory and time-sensitive.
Costs & fees
Government fees in removal practice
Many EOIR filings have no fee. The amounts below come from the 2024 USCIS fee rule (89 FR 6194) and EOIR's fee schedule. Attorney fees vary with case complexity, detention status, and trial length — schedule a consultation for a tailored quote.
Form I-589 (defensive asylum)
$0
No filing fee, even in court
Form EOIR-42B
$100
Non-LPR cancellation of removal
Form I-485 (in court)
$1,440
Adjustment of status as a defense
By the numbers
EOIR's pending immigration court caseload exceeded 3.7 million cases as of December 2024.
Per TRAC Immigration — the largest backlog in EOIR's history. Per American Immigration Council research, represented respondents are several multiples more likely to obtain relief from removal than unrepresented respondents.
“An alien is inadmissible if the alien ... is unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States.”
— Immigration and Nationality Act § 212(a)(9)(B)(i)(II), 8 U.S.C. § 1182(a)(9)(B)(i)(II)
FAQ
Deportation Defense FAQ
What is a Notice to Appear (NTA)?
A Notice to Appear is the charging document under INA § 239 (8 U.S.C. § 1229) that DHS issues to commence removal proceedings before an immigration judge of the Executive Office for Immigration Review (EOIR). The NTA specifies the alleged factual basis for removability and the statutory grounds of removal.
Can I apply for cancellation of removal?
Non-LPR cancellation of removal under INA § 240A(b)(1) requires (1) at least 10 years of continuous physical presence, (2) good moral character during that period, (3) no disqualifying criminal convictions under INA § 240A(b)(1)(C), and (4) that removal would cause 'exceptional and extremely unusual hardship' to a U.S. citizen or LPR spouse, parent, or child. LPR cancellation under INA § 240A(a) has different criteria, including 7 years of continuous residence after admission in any status and 5 years as an LPR.
What is the immigration court backlog in 2025?
Per TRAC Immigration's analysis of EOIR data, the pending immigration court caseload exceeded 3.7 million cases as of December 2024 — the largest backlog in EOIR's history. Hearing wait times for non-detained cases routinely exceed several years depending on the immigration court.
Can I get out of ICE detention on bond?
Many non-mandatory detainees may seek release on bond under INA § 236(a) by demonstrating to an immigration judge that they are not a danger to the community and not a flight risk. Mandatory detention under INA § 236(c) generally applies to noncitizens with certain criminal convictions and significantly limits bond eligibility (see Jennings v. Rodriguez, 138 S. Ct. 830 (2018)).
What is voluntary departure?
Voluntary departure under INA § 240B allows a respondent to depart the U.S. at their own expense within a set period in exchange for avoiding a formal removal order. Pre-conclusion voluntary departure may be granted for up to 120 days; post-conclusion voluntary departure is capped at 60 days and typically requires a bond.
Does having an attorney affect outcomes in removal proceedings?
Yes. TRAC Immigration's analysis of EOIR data has consistently shown that respondents with legal representation obtain relief from removal at multiples of the rate of unrepresented respondents. The American Immigration Council's 'Access to Counsel in Immigration Court' study (2016) similarly found represented respondents were five-and-a-half times more likely to obtain relief.
Frequently Asked Questions
Deportation Defense FAQ
Related Topics
Related Immigration Topics
- Immigration Appeals — BIA EOIR-26 within 30 days of removal order
- Defensive Asylum — I-589, withholding of removal, CAT in EOIR
- U Visa for Crime Victims — Relief through I-918 during removal
- Inadmissibility Waivers — I-601 paired with adjustment in court
- Adjustment of Status — I-485 relief in immigration court
- VAWA Self-Petition — Alternative relief for abuse survivors
- Citizenship & Naturalization — Eventual N-400 after relief is granted
Talk to an immigration attorney
Get clear answers about your immigration case
Schedule a confidential consultation with M. Riaz Musani. Offices in West Hartford, CT and Latham, NY. Multilingual representation in five languages.