Removal Defense Attorney

Removal defense is the representation of a person whom the Department of Homeland Security is trying to deport, from the first hearing before the immigration judge through any appeal. Capitol Law Partners defends people in removal proceedings, requests bond for detained clients, presents applications for relief such as cancellation of removal, asylum, withholding of removal and adjustment of status, and files motions to reopen and appeals to the Board of Immigration Appeals. The decisions made in the first weeks after a Notice to Appear shape everything that follows.

What a removal defense attorney does for you

Immigration court is adversarial. A DHS attorney argues for your removal, the rules of procedure are strict, and most deadlines cannot be extended. Our role is to:

Obtain your complete immigration file and criminal record, and check the Notice to Appear for defects that may support termination.
Contest the charges of removability where the government cannot carry its burden, rather than conceding them by default.
Identify every form of relief you may qualify for and choose the strongest.
Request a bond hearing if you are detained, and negotiate with the DHS trial attorney where prosecutorial discretion is realistic.
Prepare your testimony, witnesses and evidence for the individual hearing, and preserve the record for appeal.

How removal proceedings work

The Notice to Appear

Proceedings begin when DHS files Form I-862, the Notice to Appear, with the immigration court. The NTA lists factual allegations and the legal grounds on which DHS claims you are inadmissible or deportable, and you must respond to each one. Under the Supreme Court's decisions in Pereira v. Sessions and Niz-Chavez v. Garland, an NTA that omits the hearing time and place does not stop the clock on continuous presence for cancellation of removal.

Master calendar hearings

These short scheduling hearings are where you plead to the NTA, designate a country of removal, identify the relief you will seek and receive filing deadlines. Missing one can result in a removal order entered in your absence.

The individual hearing

The individual hearing is a full trial on your application. You and your witnesses testify under oath, the DHS attorney cross-examines, and the judge either grants relief or orders removal. Documents are due well before the hearing, and late filings may be refused.

Bond hearings

If you are detained, we can ask the judge for release on bond. The judge weighs danger to the community and flight risk, and we present family ties, employment, community support and the strength of your relief. Some people face mandatory detention because of criminal history or how they entered, and bond eligibility for people who entered without inspection has been actively contested in 2025, so we assess the current law before each request.

Forms of relief from removal

Cancellation of removal for non-permanent residents requires ten years of continuous physical presence before a proper NTA was served, good moral character, no disqualifying convictions, and exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child.
Cancellation of removal for permanent residents requires five years as a lawful permanent resident, seven years of continuous residence after a lawful admission, and no aggravated felony conviction.
Asylum, withholding of removal and Convention Against Torture protection are raised on Form I-589. Asylum carries the one-year filing deadline and leads to a green card; withholding and CAT have no deadline but require a higher likelihood of harm and offer no path to residence. Cases referred by USCIS after an affirmative asylum interview are heard anew before the judge.
Adjustment of status in proceedings is available to many respondents with an approved or approvable Form I-130 from a U.S. citizen or permanent resident relative; the judge, not USCIS, decides the I-485. A marriage entered after proceedings began must be proven genuine by clear and convincing evidence. See our family-based immigration page.
Voluntary departure lets you leave at your own expense without a removal order, preserving options an order would foreclose. Failing to depart on time carries severe penalties, so we recommend it only when the client can comply.
Prosecutorial discretion rests with the DHS attorney, who can agree to dismiss a case, though current enforcement policy makes this uncommon. DHS has also moved to dismiss cases on its own motion to pursue expedited removal, and we oppose dismissal when it would leave a client worse off.

Motions to reopen and in absentia orders

If you were ordered removed because you did not appear, the order can be rescinded on a motion to reopen filed within 180 days if exceptional circumstances kept you away, or at any time if you never received proper notice. Filing that motion automatically stays removal. Other motions to reopen must generally be filed within 90 days of the final order and are limited to one, with exceptions for changed country conditions in asylum cases, joint motions with DHS and the court's own authority to reopen. We also pursue reopening for ineffective assistance of prior counsel.

Appeals to the Board of Immigration Appeals

An appeal must be received by the BIA within 30 calendar days of the judge's decision, and a timely appeal automatically stays removal. If the Board rules against you, a petition for review may be filed in the federal court of appeals within 30 days, handled with our immigration litigation practice. These deadlines are jurisdictional and cannot be extended.

Evidence and documents

Your complete immigration history, including every entry, visa, I-94, prior application and court record, obtained through FOIA requests where necessary.
Certified dispositions for every arrest and conviction, because the exact statute and sentence determine both removability and eligibility for relief.
Proof of continuous presence or residence, such as leases, tax returns, pay records and school records.
Hardship, good moral character and rehabilitation evidence: medical and psychological evaluations, financial records, tax compliance, community involvement and letters of support.
For protection claims, a detailed declaration, corroboration and country-conditions evidence, all with certified translations.

Common problems and how we handle them

Missed hearings. Address changes must be reported to the court on Form EOIR-33 within five days; many in absentia orders come from notices mailed to old addresses, and we move to reopen them quickly.
Criminal records. We analyze each conviction under the categorical approach and coordinate with criminal defense counsel on post-conviction options.
Inconsistent filings. A declaration that contradicts an earlier application invites an adverse credibility finding, so we reconcile the record before anything is filed.
Fraud findings. A finding that a marriage or asylum claim was fraudulent carries permanent consequences, so we address weak points directly.

Your removal defense attorneys

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School whose practice spans family-based immigration, including the marriage-based green cards and fiancé visas that often provide the path to adjustment of status in proceedings, alongside employment-based immigration and business law. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. From our offices in Washington, DC, Herndon, Virginia, New York and Minneapolis, we represent respondents before the immigration courts serving those regions, including the Arlington and Sterling courts in Northern Virginia, the New York City courts and the Fort Snelling court in Minnesota. Where agency delay is the problem, our mandamus practice can compel a decision.

Learn more about removal proceedings

Talk to a removal defense attorney

If you have received a Notice to Appear, missed a hearing, or have a family member in ICE custody, contact us before the next court date. Schedule a consultation or call +1 (202) 440-2272.

Frequently Asked Questions

I received a Notice to Appear. What should I do first?

Read the hearing date and location, confirm the court has your current address, and speak with an attorney before the first hearing. Do not admit the allegations or concede removability on your own. Bring the NTA, every immigration document you have and any criminal records to the consultation so we can check the charges, identify relief and prepare pleadings.

What happens if I miss my immigration court hearing?

The judge can order you removed in your absence if DHS proves the charges with the documents in the file. That order can be rescinded on a motion to reopen filed within 180 days for exceptional circumstances such as serious illness, or at any time if you did not receive proper notice. Filing the motion automatically stays removal, so contact us as soon as you learn of the order.

Can I get out of immigration detention on bond?

Many detained respondents can ask the immigration judge for a bond hearing, where the judge weighs danger to the community and flight risk. Others are subject to mandatory detention because of certain convictions or the way they entered. The rules for people who entered without inspection have been contested in 2025, so we evaluate eligibility and federal court options at the outset.

What is cancellation of removal and who qualifies?

Cancellation is a form of relief the immigration judge can grant to stop removal. Non-permanent residents need ten years of continuous physical presence, good moral character, no disqualifying convictions, and exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child. Permanent residents need five years as a resident, seven years of continuous residence after admission, and no aggravated felony conviction.

Can I get a green card through my spouse while in removal proceedings?

In many cases, yes. Your U.S. citizen or permanent resident spouse files Form I-130 with USCIS, and once it is approved the immigration judge can adjudicate your Form I-485 adjustment of status. Because the marriage occurred during proceedings, you must prove it is genuine by clear and convincing evidence. Eligibility depends on how you entered the United States and on your record.

Is voluntary departure better than a removal order?

Often it is. Voluntary departure lets you leave at your own expense without a removal order, which keeps more options open for a lawful return in the future. It is only a good choice if you can actually leave by the deadline, because failing to depart triggers penalties and bars on future relief. We weigh it against your chances of winning relief before recommending it.

How long do I have to appeal an immigration judge's decision?

Your Notice of Appeal must be received by the Board of Immigration Appeals within 30 calendar days of the judge's decision. A timely appeal automatically stays removal. If the Board denies the appeal, a petition for review must be filed with the federal court of appeals within 30 days, and a separate stay must be requested. These deadlines cannot be extended.

Can an old removal order be reopened years later?

Sometimes. The general deadline is 90 days from the final order, but there are exceptions. In absentia orders can be reopened at any time for lack of notice. Asylum cases can be reopened based on changed conditions in your country. DHS may agree to a joint motion, and the court retains its own authority to reopen. Ineffective assistance by prior counsel can also support a late motion.

Drop us a message today!

Removal Defense Attorney for Immigration Court Proceedings

What a removal defense attorney does for you