DEPORTATION DEFENSE

Attorneys Teddy Chadwick and Ben Crouse are experts in removal defense, and have represented countless individuals in their cases before the immigration court.

Removal defense, formerly known as deportation defense, is the work of defending non-citizens in immigration court. These cases begin when the government contacts a non-citizen to allege they are in the country illegally, or are not eligible to keep their immigration status. The individual receives a charging document called a Notice to Appear (NTA) which alleges the factual basis of the removability, and sometimes, the location and date of the initial court hearing.

The non-citizen must attend an initial hearing called a master hearing. At that hearing, the non-citizen can admit to the factual allegations and charges in the Notice to Appear, can ask for more time to find an attorney, and if applicable, notify the judge of any applications for relief or defense from deportation. There are many forms of relief, but the main ones are asylum, cancellation of removal, and voluntary departure.

When a non-citizen applies for substantive relief from removal/deportation, they will be scheduled an individual hearing, analogous to a trial, to present their cases before an immigration judge. In many cases, removal proceedings take years, with multiple hearings, delays, and procedural changes that are heavily affected by the Administration/executive branch at that time.

An individual hearing is a trial, but with no jury since the immigration judge is the sole decision maker for a removal case. 15 days before the individual hearing, all supporting evidence must be submitted to the court. At the individual hearing, the non-citizen and any witnesses will come to testify about the case. At the end of the hearing, if the judge approves the case, the non-citizen will be allowed to remain in the United States, sometimes with permanent resident status. If denied, the immigration judge will order the non-citizen removed, although they have the right to appeal the decision to the Board of Immigration Appeals.

The attorneys at our firm are highly experienced in removal defense, and have developed strong reputations for excellence, creativity, and professionalism in defending our clients against deportation from the United States.