Removal Defense

Austin Deportation Defense Lawyer: Removal Defense and Immigration Court Representation

If you or a family member have been placed in removal proceedings, time matters. Removal (formerly called deportation) moves on the immigration court’s schedule, and the relief available depends on issues that must be raised correctly and on time. Missing a deadline or filing the wrong motion can foreclose options that would otherwise have been available. Kinzy Law has represented clients in immigration courts in Texas, Illinois, and elsewhere for more than 20 years, at every stage from the initial Notice to Appear through master calendar and individual hearings and appeals.

What To Know Right Now

Immigration court dockets are moving faster, detention is more common, and prosecutorial discretion, the practice of ICE attorneys agreeing to close or resolve a case, is far more limited than it was a few years ago. In this environment, being ready early matters more than ever: identifying every available form of relief, meeting each filing deadline, and building the evidentiary record before the individual hearing rather than after. A case that is prepared from the first master calendar hearing is in a far stronger position than one assembled at the last minute.

Forms of Relief From Removal: The Paths out of a Removal Case

More than one form of relief can apply to the same case, and part of the work is finding every option a respondent qualifies for. The main forms are below.

Cancellation of Removal
For certain lawful permanent residents facing removal, cancellation can restore status, subject to strict eligibility rules tied to length of residence and the nature of any conviction. For non-permanent residents, cancellation requires ten years of continuous physical presence, good moral character, and proof of exceptional and extremely unusual hardship to a qualifying U.S. citizen or permanent resident spouse, parent, or child. Hardship to the respondent alone does not count, which is the point these cases most often turn on.

Defensive Adjustment of Status
A respondent who is otherwise eligible for a green card through a family or employment petition may be able to pursue that green card as a defense in immigration court.

Asylum, Withholding, and CAT Protection
Protection-based relief is often central in removal cases. Because it has its own standards and deadlines, it is covered in depth on the Asylum & Humanitarian Relief page, which also covers TPS, U and T visas, and VAWA.

Voluntary Departure
An alternative to a removal order that lets a respondent leave on their own terms and preserves certain future immigration options that a removal order would cut off. Sometimes it is the right strategic choice; sometimes it is not, and part of honest counsel is saying which.

Prosecutorial Discretion
A request to ICE attorneys to close, terminate, or otherwise favorably resolve a case. Its availability shifts with administration priorities and is currently limited, so it is pursued where it fits but is not something to count on as a primary strategy.

Waivers
Depending on the grounds for removal, a waiver may cure the problem, including waivers under INA Section 212(h) for certain criminal grounds. Whether a waiver is available, and worth pursuing, depends closely on the facts.

Bond Hearings and Detention: Getting Out, and Getting Time To Fight the Case

If you or a family member are in immigration detention, the first priority is often securing release on bond or parole, both because release matters to the family and because it is far easier to build a strong case from outside detention than inside it. The firm regularly represents detained clients in bond proceedings and has done so for more than 20 years.

For Families of Detained Clients
You can reach the firm confidentially to discuss a detained relative’s situation. Have the person’s full legal name and alien registration number (“A-number”) ready if you can; it helps locate them and move quickly. If you are not sure where your relative is being held, the firm can help you determine that.

Appeals and Motions to Reopen: When the Judge Says No

When an immigration judge denies relief, the firm handles appeals to the Board of Immigration Appeals, and has handled dozens of BIA appeals over the years. Where appropriate, it also handles petitions for review in the federal circuit courts; Attorney Kinzy has appeared in immigration appeals before the U.S. Court of Appeals for the Seventh Circuit. The firm also handles motions to reopen, including cases where a prior attorney’s critical mistakes warrant a second look.

Criminal-Immigration Issues: When a Criminal Case and an Immigration Case Collide

Criminal convictions and even arrests can carry severe immigration consequences, and the two cases have to be handled with each other in mind. Working alongside criminal defense counsel, the firm evaluates the immigration impact of pending charges and past convictions and identifies whether relief from removal remains available despite them. For criminal defense attorneys, this is a frequent point of collaboration; see the note on referrals below.