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Immigration · Nationwide

Removal defense: representation in immigration court

If you or a family member has received a Notice to Appear, been detained by ICE, or has an old removal order, you need a lawyer who appears in immigration court regularly. We represent clients before the Atlanta Immigration Court and in courts nationwide.

Reviewed by Joanna Delfunt ·

What removal defense involves

Immigration court is a civil proceeding, which means the government is not required to provide you with a lawyer. It also means that representation makes a greater difference here than in almost any other setting. Depending on your history, defenses may include asylum and withholding of removal, cancellation of removal for long-term residents, adjustment of status through a family petition, VAWA or U Visa relief, or motions to reopen an old order. Each has its own requirements, and part of our work is making sure we know early what you can pursue and the timeline for each filing.

If your loved one is detained

Time matters. In the first days, we locate the person through the ICE detainee system, establish whether a bond hearing is available, gather the evidence a judge needs to see (family ties, work history, community letters, and the absence of a criminal record), and file for a bond redetermination.

Common questions

What is a Notice to Appear?

A Notice to Appear (Form I-862) is the charging document that initiates removal proceedings. It lists the grounds the government says make you removable and, eventually, a hearing date. Do not ignore it; missing a hearing results in an automatic removal order.

Answered by Joanna Delfunt · Updated September 2026

Can I get a bond if ICE detained me?

Many people can ask an immigration judge for a bond, though some criminal histories make detention mandatory. The judge weighs danger to the community and flight risk. Strong evidence of family and community ties makes a real difference to the amount.

Answered by Joanna Delfunt · Updated September 2026

I have an old removal order I did not know about. What can I do?

A motion to reopen may be possible, especially if you never received proper notice of the hearing or if circumstances have changed. Timing rules are strict, so bring every document you have to the consultation.

Answered by Joanna Delfunt · Updated September 2026

Can I still apply for a green card while in removal proceedings?

Sometimes yes. If you have a qualifying family member and are otherwise eligible, adjustment of status can be pursued before the immigration judge or, in some cases, by asking the government to close proceedings so USCIS can adjudicate the application.

Answered by Joanna Delfunt · Updated September 2026

This page is general information about federal immigration law and is not legal advice about your situation. Timelines are set by the courts and change.

When you are ready, we are here.

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