Individuals in the United States without legal status—or, in some instances, even Legal Permanent Residents (LPRs)—may be placed in removal proceedings before an Immigration Judge. These proceedings can be initiated for various reasons, including an arrest, a workplace or home raid, or an attempt to enter or re-enter the country. When the Department of Homeland Security (DHS) initiates removal proceedings, its objective is to remove the individual from the United States. However, being placed in removal proceedings does not necessarily mean that deportation is unavoidable.
Each case is unique, and depending on the circumstances, legal options may be available to fight removal. Seeking legal representation as soon as possible is crucial to preserving the right to apply for relief. An experienced removal proceedings lawyer can assess the specifics of a case, explore potential legal defenses, and advocate for an individual’s ability to remain in the country.
Removal proceedings typically begin when DHS issues a Notice to Appear (NTA) before an Immigration Judge. This document outlines the reason for removal and includes information regarding the court hearing. Failure to attend any scheduled hearings may result in an automatic removal order. Individuals placed in these proceedings may consist of:
Once in removal proceedings, the individual can present a legal defense before the Immigration Judge. However, the process can be complex and challenging without the guidance of a knowledgeable removal proceedings lawyer.
There are several potential defenses to removal, depending on the individual’s immigration status and history. Typical forms of relief include:
At Dominguez Law Firm, PLLC, we have extensive experience representing individuals in removal proceedings. Our firm understands the high stakes and is committed to providing dedicated legal advocacy. We analyze all available defenses, prepare strong legal arguments, and represent clients throughout the immigration court process.
If you or a loved one faces removal proceedings, contact us today to schedule a consultation. We will assess your case, explain your legal options, and fight to protect your right to remain in the United States.
Your options during removal proceedings depend heavily on your immigration history, how DHS initiated your case, and any previous entries or violations. If you’ve overstayed a visa, returned after a prior removal, or have a criminal record, those details may affect the available defenses. That’s where working with someone who handles these cases regularly can make a significant difference. The legal thresholds also shift depending on your immigration status—sometimes the burden is on the government, and in other cases, you’ll need to prove your eligibility for relief.
It’s also essential to understand how these circumstances influence what kind of relief you may qualify for, whether it’s asylum, a waiver, or another form of protection. A qualified removal proceedings lawyer can walk you through what to expect and help ensure your filings meet all legal standards.
Being held by immigration authorities can make it harder to build your case, but many individuals are eligible for bond. Before deciding, a judge will determine whether you’re a flight risk or pose a danger to the community. If a bond is granted, you can continue your case from outside detention, often with better legal help and documentation access.
However, not everyone qualifies. If you’ve had prior run-ins with immigration or the criminal justice system, you may be subject to mandatory detention. An experienced deportation lawyer can assess your eligibility for bond or explore alternatives, such as parole for humanitarian reasons. Your ability to seek release early in the case can make a meaningful difference in the outcome and the stress you experience.
One of the most essential parts of building your case is submitting strong supporting evidence. Things like medical records, tax filings, proof of how long you’ve lived in the U.S., and written statements from family or community members can all help strengthen your position. Judges often rely on these records to evaluate hardship claims, credibility, and character.
When preparing a defense, you’ll also want to anticipate what the government may present. A strong evidentiary record supports your eligibility for relief and helps counter arguments that might otherwise harm your case. A removal proceedings lawyer in Coral Gables, Florida, can assist in compiling a compelling set of documents tailored to your specific situation and court expectations.
If you’re at risk of serious harm in your home country, you may be eligible for relief under the Convention Against Torture. Unlike asylum, this form of protection focuses only on whether there’s a real chance you’ll face torture by the government or with their approval if you’re forced to return.
These cases often require a combination of personal statements, affidavits, and international human rights reports. The more detailed and specific your narrative is, the more likely it is to succeed. Preparing this type of case without support can be difficult, especially when the emotional toll of recounting past trauma is involved. Representation from a deportation lawyer can ensure the story is told clearly and supported by the proper evidence.
In some situations, immigration officials may agree to pause or close a case because of compelling circumstances. This doesn’t happen automatically, but if you’ve lived in the U.S. for many years, have strong community ties, or face serious health concerns, it may be worth exploring.
Officials review these requests closely, often weighing the totality of your circumstances, including your work history, family ties, and any criminal background. A lawyer can prepare a persuasive request by gathering documentation and explaining why your case warrants consideration. Although it doesn’t grant legal status, prosecutorial discretion can halt removal and prevent further harm.
Certain charges, even if they seem minor under state law, can lead to removal proceedings. Crimes that fall under broad immigration categories like “aggravated felonies” or “crimes involving moral turpitude” can be especially problematic. Even a misdemeanor or plea deal can carry immigration consequences that weren’t obvious at the time of conviction.
A seasoned removal proceedings lawyer can assess how your record affects your case and whether post-conviction relief might reduce those consequences. Some cases allow for motions to vacate or modify a plea, which can dramatically change how immigration law applies to you.
Sometimes, removal cases start with a flawed Notice to Appear. If the document doesn’t list the date or location of your hearing, or if other required details are missing, that may be grounds to challenge the case procedurally. The courts have addressed these defects in recent rulings, and understanding your rights under those decisions is crucial.
While not every issue with a Notice to Appear will result in dismissal, these technical flaws can impact the case timeline, eligibility for certain types of relief, or even lead to a case being reopened after a removal order. Legal guidance is essential to determine whether such a defense could apply in your situation.
If you have a spouse, parent, or child who is a U.S. citizen or permanent resident, you might qualify to apply for a green card—even while in removal proceedings. These cases often involve coordination between the immigration court and USCIS and may require a waiver if there are past violations.
It’s not uncommon for individuals to have a family-based petition approved but still face hurdles adjusting their status due to unlawful presence or past orders of removal. An experienced attorney can help assess waiver eligibility, prepare filings, and represent you before the court to explain why you meet the requirements.
Children, older adults, and individuals with disabilities face unique challenges in immigration court. For minors who have been abused or abandoned, there may be an option to apply for Special Immigrant Juvenile Status (SIJS), which can lead to permanent residency.
Additional steps may be required to protect individuals who cannot advocate for themselves. Courts may appoint a representative or make accommodations during hearings. These protections are only triggered when the court is aware of the need. Having legal help ensures nothing important is overlooked during this process.
Even after an immigration judge issues a removal order, all hope is not lost. You may be able to file a motion to reopen the case if new information comes to light—like changes in your situation or updated country conditions. Reopening a case is not simple, but it’s often possible when there’s been a significant shift in circumstances.
Strict timelines apply, and documentation must clearly support the request. Whether you’re seeking to reapply for asylum or adjusting your status based on a new family petition, having a removal proceedings lawyer manage the filing process can improve your chances.
Getting through removal proceedings is a major hurdle, but there may be future consequences even after a successful outcome or voluntary departure. Depending on how your case was resolved, you might face barriers to reentry or limits on green card or citizenship applications.
It’s essential to look ahead and make informed decisions. A deportation lawyer can help you understand how today’s outcome might affect your immigration options down the line—and help you build a strategy that protects your future in the U.S.
We provide legal assistance to individuals and families across Coral Gables and surrounding parts of Miami-Dade County. Whether someone is detained locally or attending hearings in the Miami Immigration Court, we’re here to offer legal support rooted in the realities of the South Florida community.
We understand the procedures and expectations in this region and work hard to ensure our clients are prepared for every step.
The options for someone placed in removal proceedings vary. It truly depends on each individual case. Asylum, Cancellation of Removal and Adjustment of Status are just examples of possible options one may have. In some instances, Voluntary Departure may be the best option the individual has.
The time a case may take to complete also varies extensively. It depends on various factors such as the type of relief one is applying for and even the jurisdiction that is handling the case. However, given the current backlogs in the Immigration Court one should plan to be in proceedings for some time.
Although a case may be pending in proceedings for some time one may be able to obtain a work authorization while they are waiting. This depends on the type of case and various factors. An experienced Immigration Attorney should be able to guide the person through the process and assist with obtaining a work authorization if they are eligible.