Deportation Defense Attorney | Removal Proceedings Representation Nationwide
If you or someone you love has received a Notice to Appear (NTA) from immigration court, you are in removal proceedings. This does not mean deportation is certain. There are legal defenses available, and the outcome often depends on the quality of your representation.
At Marcano Legal, Grace Marcano, Esq. represents clients nationwide in removal proceedings before immigration courts across the country.
📞 (786) 314-7330 · WhatsApp us at (786) 645-5370
Schedule a Consultation for Removal Defense
Schedule a consultation to discuss your deportation defense options. We represent clients in all 50 states via virtual consultations.
Understanding Removal Defense Services:
Removal proceedings begin when ICE issues a Notice to Appear (NTA) charging you with being removable from the United States. The NTA is filed with an immigration court, and a judge schedules hearings to determine whether you will be ordered removed or granted relief.
This process is separate from criminal court. Immigration court is a civil proceeding, but the consequences are severe — removal from the country, separation from family, and potential bars to returning.
Having an attorney in removal proceedings changes outcomes. You have the right to be represented, though the government does not provide a free lawyer in immigration court.
Navigating Deportation Proceedings
People end up in removal proceedings for different reasons, and the defense strategy depends on the specific situation:
- Undocumented individuals — entered without inspection or overstayed a visa
- Green card holders — certain criminal convictions can trigger removal proceedings even for permanent residents
- Visa holders — violations of visa terms, unauthorized employment, or status issues
- Asylum seekers — individuals who entered the U.S. seeking protection and were placed into proceedings
- People with prior removal orders — may have options to reopen or challenge old orders
Your Rights During Deportation Proceedings:
If you are in removal proceedings, you have rights under U.S. law:
- Right to a hearing before an immigration judge
- Right to an attorney — at your own expense (the government does not provide one)
- Right to present evidence — documents, testimony, and witnesses in your defense
- Right to appeal — if the immigration judge orders removal, you can appeal to the Board of Immigration Appeals (BIA)
- Right to review the evidence against you — including the NTA and any government filings
- Right to apply for relief — asylum, cancellation of removal, or other forms of protection if you qualify
These rights apply regardless of immigration status. Understanding them early gives your attorney more options to build your defense.
Key Deportation Defense Strategies:
The right defense depends on your situation. Here are the most common forms of relief in removal proceedings:
Cancellation of Removal (Non-LPR) — INA § 240A(b)
Available to individuals who have been physically present in the U.S. for at least 10 continuous years, have good moral character, and can show that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent, or child. If granted, you receive a green card. (Filed on Form EOIR-42B with the immigration court.)
Cancellation of Removal (LPR) — INA § 240A(a)
Available to lawful permanent residents who have held a green card for at least 5 years, have lived continuously in the U.S. for at least 7 years, and have not been convicted of an aggravated felony.
Asylum — INA § 208
Protection for individuals who fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. Must generally be filed within one year of arrival in the U.S., though exceptions exist.
Withholding of Removal — INA § 241(b)(3)
Similar to asylum but with a higher standard of proof — you must show it is “more likely than not” that you would face persecution. Does not lead to a green card or permanent residence, but prevents removal to the country where you face danger.
Convention Against Torture (CAT) Protection
If you can show it is more likely than not that you would be tortured by or with the consent of a government official in your home country. CAT protection is mandatory — the U.S. must grant it if you qualify. It applies even when other forms of relief are barred.
Voluntary Departure
In some cases, leaving the U.S. voluntarily is a better outcome than a formal removal order. Voluntary departure avoids certain penalties that make it harder to return legally in the future.
Prosecutorial Discretion
In certain situations, ICE may agree to close or terminate proceedings. This is not guaranteed and depends on enforcement priorities, but an attorney can request it when the facts support it.
Comprehensive Support for Deportation Cases:
Removal proceedings can last months or years, with multiple hearings. Marcano Legal provides representation throughout the entire process:
- Master calendar hearings — initial appearances where the judge reviews charges and sets the schedule
- Individual (merits) hearings — where your case is presented in full, including testimony and evidence
- Bond hearings — if you or your loved one is detained, we can request release on bond (learn more about immigration bonds)
- Appeals to the BIA — if the immigration judge denies relief
- Motions to reopen or reconsider — for cases with new evidence or changed circumstances
Contact our law firm today to start building your removal defense strategy.
If you are in removal proceedings, Grace Marcano, Esq. will evaluate your case, identify which forms of relief may apply, and represent you in immigration court.
📞 (786) 314-7330 · WhatsApp us at (786) 645-5370
Frequently Asked Questions About Removal Defense
Removal proceedings typically involve two types of hearings. Master calendar hearings are short appearances where the judge confirms your identity, reviews the charges on the NTA, and schedules future dates. Individual (merits) hearings are longer — this is where you present your case, testify, submit evidence, and your attorney argues for relief. The judge then decides whether to grant relief or order removal.
Yes. Lawful permanent residents can be placed in removal proceedings for certain criminal convictions, including aggravated felonies and crimes involving moral turpitude. However, green card holders may be eligible for cancellation of removal if they meet specific requirements — including at least 5 years as an LPR and 7 years of continuous residence. An attorney can evaluate whether relief is available.
A Notice to Appear is the document that formally starts removal proceedings. It lists the factual allegations and charges of removability against you, and directs you to appear before an immigration judge. If you receive an NTA, you should contact an attorney immediately — your response at the first hearing affects all future options.
Cancellation of removal is a form of relief that allows certain individuals in removal proceedings to obtain a green card. For non-permanent residents, it requires 10 years of continuous physical presence in the U.S., good moral character, and proof that removal would cause exceptional hardship to a qualifying U.S. citizen or permanent resident family member. For permanent residents, different requirements apply. It is filed with the immigration court on Form EOIR-42B.
If you were previously ordered removed — including in absentia (when you did not appear at a hearing) — you may be able to file a motion to reopen your case. Time limits and eligibility vary depending on when the order was issued and the reason for your absence. An attorney can evaluate whether reopening is an option in your situation.
Whether you can work depends on your current immigration status and any pending applications. If you have filed for asylum, you may be eligible for an Employment Authorization Document (EAD) after a waiting period. If you have no pending application that grants work authorization, you generally cannot work legally during proceedings.
Both protect you from being sent to a country where you face danger, but they differ in important ways. Asylum leads to permanent residence and eventually citizenship. Withholding of removal only prevents deportation to a specific country — it does not lead to a green card. Withholding has a higher burden of proof but fewer bars to eligibility. Your attorney may file for both at the same time as a backup strategy.
Government Agencies Involved in Removal Proceedings:
- ICE (Immigration and Customs Enforcement) — initiates removal proceedings by issuing the NTA, handles detention and enforcement
- EOIR (Executive Office for Immigration Review) — operates immigration courts where judges hear removal cases
- BIA (Board of Immigration Appeals) — reviews appeals from immigration judge decisions
- USCIS (U.S. Citizenship and Immigration Services) — handles affirmative asylum applications and other immigration benefits
- CBP (Customs and Border Protection) — processes individuals at the border, may issue NTAs or expedited removal orders
Why Choose Marcano Legal for your Removal Defense?
Immigration law is federal — your attorney can represent you from anywhere in the country.
Immigration court hearings are increasingly conducted by video. Your attorney does not need to be in the same city as the court or the detention facility. What matters is their experience with removal defense.
- We represent clients in all 50 states — virtual consultations and video court appearances
- Available by phone and WhatsApp — Call (786) 314-7330 or WhatsApp us at (786) 645-5370
- Full-case representation — from the first master calendar hearing through appeals if needed
- Bilingual service — full representation in English and Spanish (se habla español)
- Direct attorney access — you work with Grace Marcano, Esq. directly throughout your case
- Honest case assessment — not every case has a strong defense. We will tell you what is realistic and what is not.
Virtual Consultation for Removal Defense
If you or a loved one is in removal proceedings, contact Marcano Legal to discuss your options. Grace Marcano, Esq. represents clients nationwide.
📞 (786) 314-7330 · WhatsApp us at (786) 645-5370
Disclaimer: This website contains general information for educational purposes only and does not constitute legal advice. No attorney-client relationship is formed until a formal agreement is signed. Past results do not predict future outcomes. Each case depends on its specific facts and circumstances.