If the Department of Homeland Security has placed you in removal proceedings, the outcome may determine whether you can remain in the United States, keep lawful status, reunite with family, or be removed to a country where you fear harm. Immigration court is adversarial litigation. The DHS attorney may seek your removal, and the Immigration Judge must decide the case under the immigration laws, regulations, and controlling precedent.

National Security Law Firm represents individuals in removal proceedings from the first review of a Notice to Appear through master calendar hearings, contested merits hearings, Immigration Judge decisions, and appropriate appeals or post-decision motions.

Our removal-defense practice is led by Justin M. Price, a former U.S. Immigration Judge and former Department of Homeland Security immigration trial attorney. Justin has decided removal cases from the bench and litigated them on behalf of DHS. He now uses that experience to represent individuals appearing before the immigration courts.

That perspective matters. A strong defense requires more than completing an application. Counsel must understand what must be proved, what DHS is likely to contest, how an Immigration Judge may evaluate the evidence, and how to create a record that protects the client during the hearing and on appeal.

Have you received a Notice to Appear or an immigration-court hearing notice? Schedule a free immigration strategy consultation before making concessions, missing a deadline, or filing an application that may affect your options.

What Are Removal Proceedings?

Removal proceedings are administrative court proceedings used to decide whether a noncitizen may be removed from the United States and, if so, whether the person qualifies for relief or protection that permits them to remain.

Most cases begin when DHS serves a Notice to Appear, Form I-862, and files it with the Executive Office for Immigration Review. The document ordinarily contains factual allegations and one or more legal charges of removability. The immigration court—not USCIS—is responsible for adjudicating the removal case.

The principal statute governing these proceedings is INA § 240, 8 U.S.C. § 1229a. The rules are technical, and the consequences of an incorrect admission, missed hearing, late filing, or incomplete evidentiary record can be severe.

Why Justin Price’s Experience Is Different

Justin has worked in the roles that shape an immigration-court case.

Former U.S. Immigration Judge: He presided over immigration proceedings, evaluated testimony and documentary evidence, ruled on contested issues, and decided whether respondents established eligibility for relief.

Former DHS immigration trial attorney: For more than 12 years, he represented the federal government in immigration litigation and handled the types of factual, evidentiary, and legal disputes that arise in removal cases.

Former U.S. Air Force JAG and military prosecutor: His litigation background includes witness preparation, contested hearings, legal briefing, and the disciplined development of an evidentiary record.

Former assistant public defender: His defense experience informs the representation of clients whose immigration cases involve arrests, criminal charges, or prior convictions.

Today, Justin brings those perspectives to the defense side. He can evaluate not only what a filing says, but how DHS may attack it, what questions the judge is likely to ask, where credibility concerns may arise, and which issues must be preserved for review.

Read Justin M. Price’s full biography.

You Received a Notice to Appear. What Should You Do?

A Notice to Appear, or NTA, is the charging document in many removal cases. Do not assume that every allegation or charge is correct, and do not ignore the document because it lacks a hearing date or because the date later changes.

An attorney should review whether DHS properly served and filed the NTA, the factual allegations and statutory charges, your manner of entry, status, and immigration history, prior applications, statements, encounters, and removal orders, arrests, charges, convictions, and sentencing records, potential challenges to removability, possible applications for relief or protection, court, filing, and biometrics deadlines, and whether detention, bond, venue, or jurisdiction creates an immediate issue.

Under INA § 239, 8 U.S.C. § 1229, the charging and hearing-notice rules carry serious consequences. Always rely on written court notices as the official source of hearing information, keep your address current with EOIR, and appear unless the court has granted a proper request changing or excusing the appearance.

Failure to appear can result in an in absentia removal order. If that has already happened, time and the reason for the absence may affect whether a motion to reopen an in absentia order is available.

Master Calendar Hearings

A master calendar hearing is generally a preliminary immigration-court hearing used for pleadings, representation, scheduling, filing deadlines, and other case-management issues. It is not merely an administrative check-in.

At or around the master calendar stage, the Immigration Judge may confirm identity, address, language, and representation, explain rights and the nature of the proceedings, take pleadings to the NTA, ask whether allegations are admitted or denied, ask whether charges of removability are conceded or contested, identify the country or countries of removal, determine what relief the respondent intends to seek, set deadlines for applications, biometrics, briefs, exhibits, or motions, and schedule an individual or merits hearing.

Pleadings and concessions can shape the entire case. Before admitting an allegation or conceding removability, counsel should understand the government’s burden, the underlying records, potential defenses, and the effect of the concession on every possible form of relief.

EOIR describes current master-calendar procedures in its Immigration Court Policy Manual, Part II, Chapter 3.14.

Individual or Merits Hearings

An individual calendar hearing—often called a merits hearing—is the evidentiary hearing at which the Immigration Judge considers disputed issues and applications for relief. It may include opening statements or preliminary issues, direct and cross-examination, objections, exhibits, expert testimony, legal argument, and an oral or later written decision.

The respondent may need to prove both statutory eligibility and that favorable discretion is warranted. Depending on the relief requested, the court may examine credibility, corroboration, hardship, continuous physical presence, family relationships, rehabilitation, criminal history, past immigration conduct, country conditions, or the likelihood of future persecution or torture.

A merits hearing should be prepared as litigation—not treated as a longer USCIS interview. Preparation may include developing a coherent theory of the case, mapping every required legal element to admissible, persuasive evidence, identifying bad facts before DHS raises them, preparing the respondent and supporting witnesses to testify truthfully and clearly, anticipating cross-examination and credibility challenges, organizing exhibits so the judge can efficiently evaluate them, researching circuit-specific and Board precedent, preparing objections and responses to DHS arguments, and preserving disputed legal and factual issues for appeal.

Pleadings, Concessions, and Challenges to Removability

The government generally bears the burden assigned by statute to establish removability, while a respondent seeking relief bears the applicable burden of proving eligibility and, where required, favorable discretion. Those burdens vary with the person’s status, manner of entry, charges, and requested relief.

Removal defense may involve denying unsupported factual allegations, contesting the legal charge of removability, requiring DHS to prove alienage or a conviction with legally sufficient evidence, analyzing whether a criminal statute matches the charged immigration ground, challenging the reliability or admissibility of government evidence, addressing citizenship, nationality, or lawful-status claims, seeking suppression or termination where legally supported, or conceding an issue strategically when the record supports it and doing so protects credibility or advances the application for relief.

Not every case should be contested in the same way. A defense should be based on the record and controlling law, not on blanket denials or concessions made for convenience.

Applications for Relief From Removal

Being charged as removable does not necessarily end the case. Depending on the facts, a respondent may qualify for one or more defenses, protections, or forms of relief. NSLF’s immigration-court services include the following:

Defensive Asylum

A person who fears persecution in their country may seek asylum defensively while in removal proceedings. These cases can involve the one-year filing deadline, protected grounds, nexus, credibility, corroboration, statutory bars, country conditions, and discretionary considerations.

Learn more about defensive asylum representation in immigration court.

The governing statute is INA § 208, 8 U.S.C. § 1158.

Withholding of Removal and Convention Against Torture Protection

A respondent who fears persecution or torture may seek withholding of removal or protection under the Convention Against Torture. These forms of protection have different burdens, statutory bars, available benefits, and legal consequences from asylum.

Learn more about withholding of removal and Convention Against Torture protection.

Cancellation of Removal

Certain lawful permanent residents and certain nonpermanent residents may seek cancellation of removal under INA § 240A, 8 U.S.C. § 1229b.

Eligibility may turn on residence or physical presence, the stop-time rule, good moral character, criminal history, prior immigration relief, qualifying relatives, exceptional and extremely unusual hardship, and favorable discretion.

Learn more about working with a cancellation of removal lawyer.

Defensive Adjustment of Status

Some respondents may seek lawful permanent residence before the Immigration Judge. Eligibility can depend on the underlying immigrant petition, visa availability, admission or parole, jurisdiction, inadmissibility, available waivers, criminal history, immigration history, and whether the person is classified as an arriving alien.

Learn more about adjustment of status in immigration court.

Waivers and Other Forms of Relief

Depending on the case, additional options may include waivers of inadmissibility or deportability, VAWA cancellation or adjustment, NACARA relief, registry, TPS-related arguments, or voluntary departure under 8 U.S.C. § 1229c.

Some applications remain within USCIS jurisdiction even while removal proceedings are pending. Coordinating the agency and court proceedings may require continuances, motions, or requests concerning DHS’s litigation position.

Evidence and Witness Preparation

The outcome of a removal case often depends on the quality and organization of the record. A large stack of documents is not necessarily persuasive evidence.

NSLF works to connect each exhibit and witness to a disputed issue or required element. Depending on the case, the record may include declarations from the respondent and witnesses, birth, marriage, divorce, adoption, and custody records, immigration filings, A-file materials, and the court’s Record of Proceedings, military, education, employment, tax, and community records, medical, psychological, or educational evaluations, police reports, certified dispositions, charging instruments, plea records, and sentencing documents, country-condition evidence and expert opinions, proof of physical presence, residence, rehabilitation, or good moral character, financial records and evidence of hardship to qualifying relatives, and evidence addressing inconsistencies, prior statements, or adverse facts.

Witness preparation is not scripting testimony. It is ensuring that witnesses understand the process, can accurately explain what they personally know, and are prepared for direct questions, cross-examination, and questions from the Immigration Judge.

Contested Motions and Procedural Litigation

Motions can affect where, when, and how a case is heard—or whether a prior order can be revisited. Depending on the facts and procedural posture, NSLF may evaluate or litigate motions to continue a hearing, change venue, permit remote appearance, accept a late filing where legally permitted, suppress evidence or terminate proceedings, substitute or withdraw counsel, recalendar or dismiss proceedings, reopen or reconsider a decision, reopen an in absentia removal order, remand a case during an appeal, or stay removal while authorized review is pending.

A motion must do more than state the requested outcome. It should identify the court’s authority, apply the governing standard to supported facts, address deadlines and procedural requirements, and explain prejudice or equities where relevant. EOIR’s general motion rules appear in Part II, Chapter 5 of the Immigration Court Policy Manual.

NSLF offers both comprehensive immigration-court representation and, where procedurally and ethically appropriate, representation for discrete motions. Learn more about immigration-court motions and limited-scope representation.

Addressing DHS’s Litigation Position

DHS is a party to removal proceedings, ordinarily represented by an attorney from U.S. Immigration and Customs Enforcement’s Office of the Principal Legal Advisor. DHS may contest eligibility, credibility, admissibility, discretionary factors, procedural requests, or the legal effect of criminal and immigration records.

Effective representation requires anticipating the government’s strongest position—not merely the argument one hopes DHS will make. Justin’s years litigating immigration matters for DHS help NSLF identify questions such as what evidence is DHS likely to introduce or attack, whether the record contains prior statements that appear inconsistent, whether DHS is likely to dispute removability, statutory eligibility, discretion, or all three, what criminal documents or immigration records are missing, and whether a stipulation, joint motion, prosecutorial-discretion request, or narrow concession is realistic and beneficial.

DHS retains its own enforcement and litigation discretion. No lawyer can promise that DHS will agree to a request or decline to oppose relief.

Preserving the Record for Appeal

An immigration-court case must be prepared for the decision in front of the judge and for the possibility of review. The Board of Immigration Appeals and federal courts generally review the record created below; they are not an opportunity to rebuild a case that was never properly presented.

Preserving the record may require counsel to make timely legal arguments and objections, submit relevant evidence by the court’s deadline, seek clear rulings on disputed issues, make an offer of proof when evidence or testimony is excluded, correct material transcription or interpretation problems when possible, identify the governing Board and federal-circuit authorities, avoid unnecessary concessions or waiver of issues, and reserve appeal when the Immigration Judge issues the decision.

Justin’s experience as an Immigration Judge is especially valuable here: the written and oral record must give the adjudicator a legally supported path to rule for the client while protecting material issues if the result is unfavorable.

Immigration Judge Decisions

An Immigration Judge may issue an oral decision at the end of the hearing or a written decision later. Depending on the issues, the judge may terminate or dismiss proceedings, sustain or reject charges of removability, grant or deny an application for relief or protection, grant voluntary departure under applicable conditions, order removal, or take another action permitted by law and procedure.

Before leaving court, it is critical to understand whether appeal was reserved or waived, whether any voluntary-departure conditions apply, and what deadlines begin to run. Waiving appeal can make a decision final immediately.

Appeals and Post-Decision Options

If the Immigration Judge makes a material factual or legal error, a respondent may be able to appeal to the Board of Immigration Appeals. Under current EOIR instructions, Form EOIR-26 generally must be received by the BIA within 30 calendar days after an oral decision or the mailing of a written decision. The filing requirements, fee rules, and deadline must be checked in the individual case.

Post-decision options may include a BIA appeal from an Immigration Judge decision, a motion to reconsider based on an error of fact or law, a motion to reopen based on new facts and supporting evidence, a motion to reopen an in absentia order, a motion to remand while a BIA appeal is pending, a petition for review in the appropriate federal circuit court, a request for a stay of removal or other emergency relief, or a joint motion or other remedy appropriate to the case.

Different remedies have different jurisdictions, deadlines, numerical limitations, exhaustion rules, and effects on removal. A motion or appeal does not always automatically stay removal. Seek case-specific advice immediately after an adverse decision.

Detained Removal Cases and Bond Proceedings

Detained cases move differently and may move quickly. Bond proceedings are generally separate from the removal case, and not every detained person is eligible for an Immigration Judge bond redetermination. Custody authority may depend on the person’s entry history, criminal or removal history, procedural posture, and the statute DHS invokes.

Where legally available, NSLF can assess an immigration bond hearing. When detention cannot be meaningfully challenged before an Immigration Judge, a separate federal habeas corpus petition concerning immigration detention may be considered. Habeas litigation occurs in federal district court and does not itself decide the underlying application for immigration relief.

Common Mistakes in Immigration Court

Missing a hearing

An Immigration Judge may order a respondent removed in absentia. Check every written notice, keep proof of address updates, and never assume that a motion to continue or change venue has been granted until the court issues an order.

Conceding allegations or removability without analysis

A concession can narrow—or damage—the defense. Review the government’s allegations, evidence, and legal theory first.

Missing an application, exhibit, biometrics, or fee deadline

The court may deem an application abandoned, exclude evidence, or proceed without material support. Calendar every deadline and comply with the judge’s case-specific order.

Filing relief without investigating disqualifying facts

Prior fraud allegations, entries, departures, removal orders, criminal conduct, false claims to citizenship, or inconsistent statements may create bars or credibility issues. Obtain and review the records early.

Preparing only for direct examination

DHS and the Immigration Judge may ask difficult questions. Credible testimony requires careful, ethical preparation for the entire hearing.

Treating an appeal as a new trial

Appellate review is ordinarily tied to the existing record. Evidence and issues omitted below may be difficult or impossible to add later.

How NSLF Approaches a Removal-Defense Case

Every representation is tailored to the record, but a comprehensive engagement may include:

Case and deadline audit: Review the NTA, hearing notices, EOIR history, prior orders, applications, and immediate deadlines.

Records investigation: Obtain the electronic Record of Proceedings when available and identify needed A-file, criminal, court, or agency records. Where records are unavailable, consider an immigration FOIA request for the A-file or ROP.

Removability analysis: Test the allegations, charges, DHS evidence, burdens, and potential defenses.

Relief screening: Examine every plausible court and agency remedy, along with bars, waivers, and strategic conflicts.

Litigation plan: Establish the case theory, evidentiary plan, witness list, motions, research issues, and deadlines.

Hearing preparation: Prepare testimony and exhibits, anticipate DHS’s position, and address credibility or discretionary concerns.

Court representation: Appear for the agreed master calendar, motion, and merits proceedings within the scope of representation.

Decision and next-step review: Explain the ruling, deadlines, compliance duties, and realistic appellate or post-decision options.

The precise scope of representation is stated in the engagement agreement. Additional hearings, appeals, federal litigation, or separate agency filings may require a separate agreement.

Who Should Speak With a Removal Defense Lawyer?

Consider obtaining legal advice promptly if you received a Notice to Appear or hearing notice, your USCIS case was referred to immigration court, you are detained by ICE or a family member has been detained, you fear returning to your country, you may qualify through a U.S.-citizen or permanent-resident relative, you have lived in the United States for many years and your removal would harm close family, you have an arrest, criminal charge, conviction, military disciplinary history, or prior removal order, DHS alleges fraud, unlawful presence, a false citizenship claim, or another serious violation, you missed court or learned that an in absentia order exists, the Immigration Judge denied your case, or your current lawyer withdrew or you need a second assessment before a major hearing.

Early review creates more room to obtain records, evaluate relief, prepare evidence, and avoid preventable procedural harm.

Frequently Asked Questions

Is removal the same as deportation?

“Removal” is the term used in current immigration law for proceedings that can result in a person being ordered out of the United States. People often use “deportation” as a general or historical term for the same consequence.

Do I have a right to a lawyer in immigration court?

You have the right to be represented by qualified counsel, but generally not at government expense. 8 U.S.C. § 1362 addresses representation in removal proceedings.

Can an immigration lawyer appear without me?

Usually, retaining counsel does not excuse the respondent’s attendance. Unless the Immigration Judge has expressly waived or changed your appearance, you should assume you must attend. Failure to appear may lead to an in absentia order.

Can I get a green card while in removal proceedings?

Possibly. Some respondents may seek adjustment of status before the Immigration Judge; in other situations USCIS retains jurisdiction. Eligibility can depend on the petition, visa availability, admission or parole, inadmissibility issues, waivers, and whether the person is an arriving alien.

Can the government deport me while my appeal is pending?

A timely direct BIA appeal from an Immigration Judge’s removal decision generally affects finality, but motions, later appeals, and federal-court filings do not all create an automatic stay. The procedural posture and any voluntary-departure order also matter. Obtain immediate case-specific advice.

How long do I have to appeal an Immigration Judge’s decision?

Under current EOIR rules, the Notice of Appeal generally must be received by the BIA within 30 calendar days of the oral decision or mailing of the written decision. Do not rely on mailing by the deadline, and do not wait to obtain the written record before seeking advice.

Can I change lawyers during removal proceedings?

Often yes, but substitution or withdrawal must comply with EOIR rules, the Immigration Judge’s orders, and existing deadlines. Hiring new counsel does not automatically continue a hearing or extend a filing deadline.

Can a criminal conviction prevent relief?

It can. The effect depends on the statute of conviction, record of conviction, sentence, timing, immigration status, charged grounds, requested relief, and controlling law. Do not rely only on the criminal offense’s label. A careful criminal-conviction and immigration-consequences consultation may be necessary.

Does filing a motion stop removal?

Not necessarily. Some motions require a separate stay request, and different rules apply to different filings. Treat any removal date or enforcement notice as urgent.

Can NSLF guarantee that I will win?

No. No ethical lawyer can guarantee a result. NSLF can investigate the record, identify defensible issues and available relief, prepare evidence and witnesses, litigate the case, and give candid advice about risks and options.

Talk With a Removal Defense Lawyer

Removal proceedings place your status, family, safety, and future before an Immigration Judge. The defense should begin with a disciplined review of the charging document, government evidence, available relief, and procedural record.

With experience as the Immigration Judge deciding removal cases and the DHS attorney litigating them, Justin M. Price brings an unusually complete understanding of immigration-court proceedings to the representation of respondents.

Schedule an immigration strategy consultation with National Security Law Firm.

National Security Law Firm — It’s Our Turn to Fight for You.

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Legally reviewed by Justin M. Price, Immigration Attorney, Former Immigration Judge, and Former DHS Trial Attorney

Last updated and legally reviewed: August 20, 2026