Removal Defense FAQs

A Notice to Appear is the charging document that begins removal (deportation) proceedings against you in immigration court. It is serious and time-sensitive, but receiving one does not mean your case is hopeless. The most important thing is to act quickly, because the timeline matters enormously, and to get experienced counsel before your first hearing. Missing a hearing can lead to a removal order entered in your absence, and can carry additional penalties.

Depending on your history and family ties, potential defenses and forms of relief can include asylum and related protection, cancellation of removal, adjustment of status, waivers, voluntary departure, and challenges to the government’s charges themselves. The right strategy depends on the specific facts of your case, which is why an individualized assessment is essential.

Possibly. Depending on the circumstances and timing, options may include a motion to reopen or reconsider, or an appeal. These avenues have strict deadlines and procedural requirements, so the sooner you reach out, the more options you are likely to have. Your situation may be serious and time-sensitive, but it is often not hopeless.

Yes. We handle detained cases, including seeking release through bond or parole where available. When someone is detained, speed and preparation are critical, and we move quickly to establish eligibility and present the strongest possible case for release. In some prolonged detention situations, a habeas petition in federal court may also be an option, and we can assess whether that fits.

Yes. Attorney Kinzy has handled appeals to the Board of Immigration Appeals (BIA), appeals to the federal circuit courts, and administrative appeals such as those before the AAO. If your case has been denied, an appeal may preserve your options, but appellate deadlines are short and unforgiving, so prompt action is key. When a case sits at the BIA for a long time without a decision, there are limited steps that can sometimes be taken, and we can advise on what is realistic.