Deportation Defense & Immigration Court

If the U.S. government is trying to remove you from the country, you may be able to challenge the case or seek relief that allows you to remain in the United States. Deportation defense, also called removal defense, involves responding to the government’s allegations and defending against removal before the Immigration Court. 

A removal case can affect your ability to stay with your family, continue working, and maintain the life you have built in the United States. You may have received a Notice to Appear without fully understanding what it means, or you may already have a court date and questions about what happens next. 

At Rafael Tirado & Associates, we represent people facing deportation and removal proceedings. Our Phoenix, AZ deportation defense and immigration court lawyers can review the case against you, identify possible defenses or relief, prepare you for Immigration Court, and represent you throughout the proceedings. Contact us now to schedule a consultation. 

Facing Removal Proceedings in Immigration Court

Removal proceedings generally begin when the Department of Homeland Security (DHS) files a Notice to Appear with the Immigration Court. DHS also serves you with this document, which contains factual allegations and identifies the legal grounds DHS claims make you removable from the United States. 

Receiving a Notice to Appear does not necessarily mean you will be deported. The government generally must establish that you are removable, and you may have grounds to dispute its allegations or apply for relief from removal. 

We can review your Notice to Appear, immigration history, and other relevant records to determine what DHS is alleging and whether there are grounds to challenge the case. We can also explain upcoming hearings, deadlines, and what you need to do next. 

How We Defend Clients Against Deportation

There is no single defense that applies to every removal case. Your options depend on why DHS is seeking your removal, your immigration history, and the facts that may support a defense or form of relief. Depending on your circumstances, our team can help with: 

• Reviewing the charges against you: We examine the allegations in the Notice to Appear and the legal grounds DHS is relying on to seek your removal. 

• Challenging removability: If there is a factual or legal basis to dispute the government’s case, we can raise those issues before the immigration judge. 

• Seeking relief from removal: We can determine whether you may qualify for cancellation of removal, adjustment of status, asylum or another form of protection, certain waivers, or other available relief. 

• Building your case: We help identify and organize documents, testimony, and other evidence that may support your defense or application for relief. 

• Representing you in Immigration Court: We handle filings, appear with you at hearings, address legal issues, and present your position to the immigration judge. 

• Reviewing unfavorable decisions: When appropriate, we can evaluate whether an appeal or a motion to reopen or reconsider may be available. 

Our immigration lawyers in Phoenix, AZ will develop our approach around the specific grounds DHS is relying on and the facts that may affect your options. 

Preparing Your Defense in Immigration Court 

Removal proceedings may involve several stages. A master calendar hearing generally addresses preliminary matters, including the allegations and charges against you and the type of relief you intend to seek. If the immigration judge needs to decide contested issues or an application for relief, the court may later hold an individual hearing, where evidence and testimony can be presented. 

Preparing for these hearings involves more than simply appearing in court. You may need to respond to the government’s allegations, submit applications by specific deadlines, gather supporting documents, prepare witnesses, and explain facts that affect your eligibility for relief. 

The relief available depends on your circumstances and may include cancellation of removal, adjustment of status, asylum or other protection from removal, or certain waivers. Your immigration history, time in the United States, family relationships, prior applications, criminal history, and other facts may affect which options are available. 

You should also attend every required hearing. If you fail to appear after receiving proper notice, an immigration judge may issue a removal order in your absence. 

Immigration Detention and Bond Hearings

Some people face removal proceedings while detained by immigration authorities. If someone you care about has been detained, one of the first questions may be whether that person can be released while the immigration case continues. 

Whether a bond hearing is available depends on the circumstances and legal basis for the detention. When an immigration judge has authority to consider bond, the bond proceeding is separate from the underlying case about whether the person can remain in the United States. 

Our Arizona deportation defense lawyers represent clients in immigration bond matters and can prepare evidence and arguments supporting a request for release when a bond hearing is available. At our firm, we also provide 24/7 assistance for detainees, allowing families to seek legal help when a detention matter requires prompt attention. 

Appeals and Other Options After an Immigration Court Decision

An unfavorable decision from an immigration judge does not always end the case. Certain Immigration Court decisions may be appealed to the Board of Immigration Appeals (BIA). For qualifying appeals, the Notice of Appeal generally must be filed no later than 30 calendar days after the immigration judge renders an oral decision or mails a written decision. 

Depending on what happened in the case, a motion to reopen or a motion to reconsider may also be available. A motion to reopen generally asks for further proceedings based on new facts or evidence, while a motion to reconsider argues that the prior decision contained an error of law or fact. 

These procedures have different requirements and deadlines. We can review the decision, determine whether there is a legal basis for further action, and explain which procedure may apply to your circumstances. 

Contact Our Phoenix Deportation Defense Attorneys

When you are facing deportation, you need to understand why the government is seeking your removal and what defenses or forms of relief may be available. At Rafael Tirado & Associates in Phoenix, Arizona, we help clients in Phoenix, Eloy, and Florence respond to removal proceedings and protect their rights in Immigration Court. 

Our founding attorney Rafael Tirado has more than 20 years of immigration experience and represents clients in removal proceedings and immigration bond matters. Associate attorney Aadi Palaniappan also practices immigration law and advocates for immigrants and their families. If you are facing removal proceedings or have an upcoming Immigration Court hearing, call us today to schedule a consultation.