Can I be released from immigration detention?

In many cases, yes. Unless you are subject to mandatory detention due to certain criminal convictions, you can request a bond hearing before an immigration judge. The judge will consider whether you are a flight risk or danger to the community. Bond amounts typically range from $1,500 to $25,000 or more. An attorney can present evidence of community ties, family, employment, and good character to support a favorable bond determination.

What is cancellation of removal and do I qualify?

Cancellation of removal is relief that allows certain individuals to obtain a green card or avoid deportation. Non-permanent residents must show 10 years of continuous presence, good moral character, and exceptional hardship to a qualifying relative. Permanent residents must show 7 years of continuous residence, 5 years of LPR status, and no aggravated felony. A maximum of 4,000 non-LPR cancellations are granted per year.

How long do removal proceedings take?

For non-detained individuals, removal proceedings can take 2 to 5+ years from the initial hearing to a final decision due to the massive court backlog. Detained cases move much faster, often reaching a final hearing within weeks to months. The timeline depends on the court location, judge assignment, and complexity of the case.

What happens if I am ordered deported?

You have 30 days to appeal to the Board of Immigration Appeals. If you do not appeal or the BIA affirms the order, you become subject to a final order of removal and may be taken into ICE custody for deportation. A removal order also triggers a 10-year bar on reentry (or a permanent bar if based on an aggravated felony). An attorney can evaluate whether an appeal, motion to reopen, or stay of removal is appropriate.

Can a criminal conviction make me deportable?

Yes, many criminal convictions trigger deportability under the INA, including aggravated felonies, crimes involving moral turpitude, drug offenses, domestic violence, stalking, and firearms offenses. Even relatively minor offenses can have immigration consequences. If you are a non-citizen facing criminal charges, it is critical to consult an immigration attorney in addition to your criminal defense lawyer to understand the immigration impact of any plea or conviction.

Deportation Defense Attorneys

Experienced legal representation for deportation defense matters across all 50 states.

Request a Consultation Call: 1-844-6-NWIND-1 (1-844-669-4631)

3.7 million+

Pending Immigration Court Cases

Source: TRAC Immigration, Syracuse University

4.3 years

Average Wait Time for Hearing

Source: TRAC Immigration, Syracuse University

~300,000

Removal Orders Issued (FY 2023)

Source: DOJ EOIR Statistics

~60%

Respondents Without Representation

Source: American Immigration Council

About Deportation Defense

Deportation defense, formally known as removal defense, involves representing individuals in proceedings before the immigration courts where the Department of Homeland Security (DHS) seeks to remove them from the United States. These proceedings are initiated when DHS issues a Notice to Appear (NTA), charging the individual with being removable under the Immigration and Nationality Act. Immigration court proceedings are conducted by immigration judges within the Executive Office for Immigration Review (EOIR), a division of the U.S. Department of Justice.

Removal proceedings can be triggered by a wide range of circumstances, including overstaying a visa, entering without inspection, criminal convictions, immigration fraud, or violation of the terms of a nonimmigrant visa. The consequences are severe: a removal order can result in permanent separation from family, loss of livelihood, and in some cases return to dangerous conditions in the home country. Individuals in removal proceedings face the prospect of mandatory detention, bond hearings, multiple court appearances over months or years, and complex legal arguments involving statutory interpretation and constitutional law.

The immigration court system handles several forms of relief from removal that respondents may be eligible to pursue. These include cancellation of removal for permanent residents and non-permanent residents, asylum and withholding of removal, protection under the Convention Against Torture (CAT), adjustment of status, voluntary departure, prosecutorial discretion, and various waivers. Each form of relief has specific eligibility requirements and evidentiary standards. The immigration court backlog has grown to over 3.7 million pending cases, meaning that even straightforward cases may take several years to reach a final hearing. This backlog creates both challenges and opportunities, as respondents may be able to use the extended timeline to strengthen their cases or become eligible for additional forms of relief.

Why You Need a Deportation Defense Attorney

Removal proceedings carry the highest stakes in immigration law because the consequences are immediate and potentially irreversible. Individuals facing deportation risk permanent separation from their U.S. citizen or permanent resident family members, including spouses and children. They may be forced to return to countries where they face persecution, violence, or extreme poverty. A removal order also triggers bars on reentry, including ten-year and permanent bars depending on the circumstances, effectively preventing the person from legally returning to the United States.

Unlike criminal defendants, respondents in immigration court have no constitutional right to government-appointed counsel. Studies by the American Immigration Council show that individuals with legal representation are up to five times more likely to obtain relief from removal than those who appear pro se. Despite this, approximately 60 percent of respondents in immigration court lack legal representation, dramatically affecting outcomes.

Common Deportation Defense Cases

Cancellation of Removal (Non-LPR)

Seeking cancellation for individuals who have been continuously present in the United States for 10+ years, have good moral character, and can demonstrate exceptional and extremely unusual hardship to a qualifying U.S. citizen or permanent resident relative.

Cancellation of Removal (LPR)

Defending permanent residents charged with deportable criminal offenses by demonstrating seven years of continuous residence, five years of permanent resident status, and no aggravated felony conviction.

Asylum in Removal Proceedings

Filing defensive asylum applications before the immigration judge for individuals who fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group.

Withholding of Removal & CAT Protection

Seeking mandatory relief from removal for individuals who demonstrate a clear probability of persecution or torture if returned to their home country.

Bond Hearings for Detained Individuals

Requesting release on bond for individuals held in ICE detention, arguing that they are not a flight risk or danger to the community and presenting evidence of community ties.

Voluntary Departure

Negotiating voluntary departure as an alternative to a removal order, allowing the individual to leave on their own terms and avoid the reentry bars associated with a formal deportation order.

Motions to Reopen & Reconsider

Filing post-order motions based on changed circumstances, newly discovered evidence, or ineffective assistance of prior counsel to reopen removal proceedings.

Prosecutorial Discretion Requests

Requesting that DHS exercise prosecutorial discretion to close, dismiss, or deprioritize removal cases for individuals who pose no public safety threat and have strong equities.

Typical Deportation Defense Case Timeline

Master Calendar Hearing

First appearance (often months after NTA)

Initial court hearing where the respondent appears before the immigration judge, enters pleadings to the charges, and identifies potential forms of relief.

Bond Hearing (If Detained)

1-4 weeks after request

If detained, the attorney requests a bond hearing and presents evidence that the respondent is not a flight risk or danger to the community.

Application Preparation & Filing

2-6 months

Preparing and filing applications for relief (asylum, cancellation, adjustment of status, etc.) with supporting evidence and legal briefs.

Individual (Merits) Hearing

1 day (scheduled 1-4 years out for non-detained)

The full evidentiary hearing where the respondent testifies, presents evidence, and the government cross-examines. The judge may issue a decision from the bench or reserve.

Decision

Same day to several weeks

The immigration judge issues an oral or written decision granting or denying relief. Both parties have 30 days to file an appeal with the Board of Immigration Appeals.

Appeal (If Needed)

6-24 months

Filing an appeal with the BIA and potentially seeking further review in federal circuit court through a petition for review.

Know Your Rights

You have the right to a hearing before an immigration judge before being removed from the United States, with limited exceptions for expedited removal at the border.
You have the right to be represented by an attorney at your own expense. The government will not provide a free lawyer, but you have the right to seek pro bono representation.
You have the right to examine and object to evidence presented against you and to cross-examine government witnesses.
You have the right to present evidence and witnesses in your own defense, including testimony from family, employers, and expert witnesses.
If detained, you have the right to a bond hearing before an immigration judge, unless you are subject to mandatory detention for certain criminal convictions.
You have the right to appeal an immigration judge's decision to the Board of Immigration Appeals within 30 days.
You have the right to apply for all forms of relief from removal for which you may be eligible, and the immigration judge must inform you of potential relief options.

What to Look for in a Deportation Defense Attorney

Deportation defense is one of the most complex and high-stakes areas of immigration law, requiring an attorney with significant courtroom experience. Look for an attorney who regularly appears before immigration judges in your jurisdiction and understands the tendencies and requirements of the specific court and judges handling your case. Ask about the attorney's track record with the specific form of relief you may be seeking, whether it is cancellation of removal, asylum, or bond. Experience with detained cases is particularly important if you or your family member is in ICE custody, as detention cases move faster and involve unique procedural requirements. The attorney should be able to explain your options clearly, including the risks and benefits of each strategy. Check that they are licensed to practice and have no disciplinary actions. Avoid attorneys who promise specific outcomes, as immigration court results depend on many factors beyond the attorney's control.

Questions to Ask Your Deportation Defense Attorney

1What forms of relief from removal am I eligible for, and which gives me the strongest chance of success?
2How often do you appear before the immigration judge assigned to my case, and what is that judge's grant rate for my type of relief?
3If I am detained, can you visit me at the detention facility, and what is the strategy for getting me released on bond?
4What evidence do we need to gather to support my case, and how much time do we have before the next hearing?
5What are the risks of proceeding versus accepting voluntary departure?
6If the immigration judge denies my case, what are my options for appeal and how long will that take?
7What is the total cost for representation through the final hearing, and does that include an appeal if needed?

Understanding Deportation Defense Legal Costs

Deportation defense is typically the most expensive area of immigration law due to the complexity, courtroom time, and stakes involved. Attorney fees for removal defense generally range from $5,000 to $15,000 for non-detained cases and can reach $20,000 or more for complex cases involving criminal grounds of removal, asylum claims, or appeals. Detained cases often cost more due to the expedited timeline and travel to detention facilities. Bond hearing representation typically costs $2,000 to $5,000. Appeals to the Board of Immigration Appeals add $3,000 to $7,000 in fees. Most deportation defense attorneys charge flat fees for defined stages of the case, though some use hourly billing for complex litigation. Low-income respondents may qualify for free legal representation through legal aid organizations, law school clinics, or pro bono programs.

Key Legal Terms

Video Resources

These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.

What to Expect at Your Immigration Court Hearing

Hacking Immigration Law, LLC

Know Your Rights: If ICE Comes to Your Door

ACLU

Cancellation of Removal Explained