Removal defense and Immigration Court
Representation in Immigration Court, before the Board of Immigration Appeals and in federal court, including detained cases.
Overview
Removal proceedings are cases in immigration court where the government asks a judge to deport (remove) a person from the United States. The case starts when the Department of Homeland Security files a Notice to Appear (NTA) with the court. The judge first decides whether the person can be removed, then whether any relief is available that would let them stay.
Many people in court have options. These can include asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal, a green card through a family member, or voluntary departure. Each has strict rules and deadlines, and some cannot be combined with others.
Detention and bond law changed quickly in 2025 and 2026. The government took the position that people who entered without inspection must be held without bond, and federal courts across the country split on that question. Expedited removal, which skips the immigration judge, was also expanded nationwide. Getting advice quickly after an arrest or NTA can make a real difference.
Key rules and forms of relief
- Asylum: you must show a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. You generally must apply within one year of arrival, unless an exception applies.
- Withholding of removal and Convention Against Torture (CAT) protection: no one-year deadline, but a higher standard of proof (‘more likely than not’). These stop removal to a specific country but do not lead to a green card.
- Cancellation of removal for green card holders: 5 years as a permanent resident, 7 years of continuous residence after admission, and no aggravated felony conviction.
- Cancellation of removal for non-permanent residents: 10 years of continuous physical presence, good moral character, no disqualifying convictions, and ‘exceptional and extremely unusual hardship’ to a U.S. citizen or green card holder spouse, parent, or child. Only 4,000 can be granted each year.
- Adjustment of status in court: a person who qualifies for a green card, for example through a U.S. citizen spouse, may ask the judge to grant it.
- Voluntary departure: lets a person leave at their own expense and avoid a removal order. The judge may grant up to 120 days before the case ends, or up to 60 days at the end. Failing to leave on time brings fines and a 10-year bar on many forms of relief.
- Bond: people held under 8 U.S.C. § 1226(a) can ask a judge for a bond hearing. The minimum bond is $1,500. People with certain criminal convictions face mandatory detention under § 1226(c).
- Deadlines after a decision: 30 days to appeal to the BIA; 30 days to file a petition for review in the court of appeals; generally 90 days to file one motion to reopen and 30 days for one motion to reconsider.
How we help
Removal defense
- Immigration Court representation
- Bond redetermination
- Merits hearings
- Appeals to the BIA
Humanitarian
- Asylum, affirmative and defensive
- Special Immigrant Juvenile Status
- Related guardianship matters
Federal litigation
- Mandamus and APA actions for delayed cases
- Habeas corpus petitions
- Petitions for review in the Fifth and Ninth Circuits
More ways we help
- Seek bond hearings, and file habeas petitions in federal district court when bond is refused
- Prepare asylum, cancellation of removal, and adjustment cases for individual hearings
- File BIA appeals, motions to reopen in absentia orders, and petitions for review to the Ninth Circuit
- Help families locate detained relatives and gather documents quickly
How the process works
Notice to Appear
DHS serves an NTA listing the charges. Check every fact on it, including your entry date and how you entered.
Form: Form I-862 (NTA)
Bond hearing, if detained
A detained person may ask an immigration judge to set bond. If the judge says there is no jurisdiction, a habeas petition in federal district court may be an option.
Timing: Usually soon after detention
Master calendar hearing
A short hearing where you admit or deny the charges, the judge decides whether you can be removed, and you tell the judge what relief you will seek.
Form: EOIR-28 (attorney appearance)
File applications for relief
Submit the relief application with evidence, pay fees, and complete biometrics.
Form: I-589, EOIR-42A, EOIR-42B, I-485Timing: Set by the judge
Individual (merits) hearing
A full hearing with testimony, witnesses, and evidence. The judge decides the case, often the same day.
Timing: Months to years, depending on the court
Appeal to the BIA
Either side may appeal the judge’s decision to the Board of Immigration Appeals.
Form: EOIR-26Timing: Must be received within 30 days of the decision
Petition for review
If the BIA rules against you, you may ask the federal court of appeals (the Ninth Circuit for California cases) to review the decision.
Form: Petition for reviewTiming: Must be filed within 30 days of the BIA decision
Documents to gather
- The Notice to Appear and all hearing notices
- Passport, I-94, and any entry or border records
- Prior immigration applications, approvals, denials, and removal orders
- Certified court records for every arrest, even if dismissed
- Proof of U.S. residence over time (leases, tax returns, school records)
- Birth certificates of U.S. citizen or green card holder family members
- Medical, school, and financial records showing hardship to family
- Country condition reports and personal evidence for asylum claims
- Letters of support from family, employers, and community members
Common problems to avoid
- Missing a hearing: the judge can order removal ‘in absentia’; reopening is generally limited to 180 days for exceptional circumstances, or any time if you did not get proper notice.
- Not updating your address with the immigration court (Form EOIR-33) within 5 days of a move, and with DHS within 10 days, so you never receive the hearing notice.
- Missing the one-year asylum deadline without a documented exception.
- Leaving the U.S. while a case is pending, which is usually treated as leaving under a removal order or giving up the case.
- Missing the 30-day deadline to appeal to the BIA, which usually cannot be fixed.
- Signing papers from ICE, such as a voluntary return or stipulated removal, without understanding what rights you are giving up.
What has changed lately
In Matter of Yajure Hurtado (Sept. 2025), the BIA said people who entered without inspection must be detained without bond. A C.D. Cal. court vacated that decision for a nationwide class in Maldonado Bautista, but the Ninth Circuit stayed the nationwide part in March 2026; the ruling still applies within the Central District of California. On July 30, 2026, the Ninth Circuit held in Rodriguez Vazquez v. Bostock that such people fall under § 1226(a) and may seek bond.
The circuits are split: most, including the Ninth, reject mandatory no-bond detention for long-time residents who entered without inspection, while the Fifth and Eighth Circuits side with the government. The government has asked the Supreme Court to decide the issue (No. 25-1415, now captioned Putra v. Lopez-Campos), set for the Sept. 28, 2026 conference.
Expedited removal now applies anywhere in the U.S. to people who cannot prove 2 years of continuous presence. The D.C. Circuit let the January 2025 expansion take effect in June–July 2026. New immigration court fees also apply: $1,030 for a BIA appeal, $1,065 for a motion to reopen before a judge, $710 (EOIR-42A) and $1,640 (EOIR-42B) for cancellation.
Rules, fees and processing times change often. Ask us to confirm what applies to your case today.
Frequently asked questions
What happens at my first court hearing?
The first hearing is a master calendar hearing. The judge confirms your identity, reviews the charges on the Notice to Appear, and asks what relief you plan to seek. The judge then sets deadlines and a date for your full hearing.
Can my family member get out of detention on bond?
It depends on how they entered, their criminal record, and where they are held. In the Ninth Circuit, people who entered without inspection and were arrested inside the U.S. may seek bond under current case law, but this issue is before the Supreme Court. If a judge refuses a hearing, a habeas petition in federal court may be possible.
I missed my court date and got a removal order. Can it be fixed?
Possibly. You can file a motion to reopen within 180 days if you missed court because of exceptional circumstances, such as serious illness. If you never received proper notice of the hearing, the motion can be filed at any time. Filing the motion can pause removal while it is pending.
What is cancellation of removal?
It is a form of relief that lets the judge cancel removal and grant a green card. Green card holders need 5 years of permanent residence and 7 years of residence. Others need 10 years of presence, good moral character, and exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent, or child.
How long do I have to appeal if I lose?
The BIA must receive your appeal within 30 days of the judge’s decision. If the BIA denies your appeal, you have 30 days to file a petition for review in the federal court of appeals. These deadlines are strict.
What is expedited removal?
It is a fast process where an immigration officer, not a judge, orders a person removed. It now can be used anywhere in the U.S. for people who cannot show they have been here for 2 years. Carry proof of how long you have lived in the U.S., and tell the officer if you fear return to your country.
Can the government close or dismiss my case?
DHS has discretion to agree to dismiss or close some cases, but how often it does so depends on current policy. Be careful: in some cases, dismissal has been followed by arrest and expedited removal. Talk to a lawyer before agreeing.
- 8 U.S.C. § 1229a – Removal proceedings (INA § 240), incl. in absentia and motions
- 8 U.S.C. § 1229b – Cancellation of removal (INA § 240A)
- 8 U.S.C. § 1229c – Voluntary departure (INA § 240B)
- 8 U.S.C. § 1226 – Apprehension and detention (INA § 236)
- 8 U.S.C. § 1252 – Judicial review of orders of removal
- 8 CFR § 1003.38 – Appeals to the BIA
- 8 CFR § 1103.7 – EOIR fees
- EOIR: Forms and Fees
- Ninth Circuit: Rodriguez Vazquez v. Bostock, No. 25-6842 (July 30, 2026)
- Congressional Research Service: Mandatory Detention During Removal Proceedings: Circuit Split (LSB11438, updated Sept. 17, 2026)
- D.C. Circuit: Make the Road New York v. Mullin, No. 25-5320 (2026)
Information current as of September 2026. General information only, not legal advice.
Protect your rights, we’ll lead the fight.
General information only, not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome, and no particular result is promised. Responsible attorney: JJ Zhang, Esq., Tez Law P.C., 4141 S. Nogales St., Suite C102, West Covina, CA 91792.