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Removal Defense
Removal proceedings are among the most serious matters in immigration law. A Notice to Appear before an immigration judge initiates a court process that can result in deportation, often with long-term or permanent bars to returning to the United States. Parandian Law represents individuals in removal proceedings before the New York Immigration Court and the Board of Immigration Appeals.
We appear in immigration court on behalf of clients facing removal on a wide range of grounds, including unlawful presence, criminal convictions, visa violations, and prior orders of removal. We also handle motions to reopen, motions to continue, and appeals of immigration judge decisions to the BIA.
Removal defense requires immediate action. Deadlines in immigration court are strict and missing them can result in an order of removal entered in absentia. If you or a family member has received a Notice to Appear contact us as soon as possible.
Notice to Appear · Immigration Court · Removal Proceedings · BIA Appeal · Motion to Reopen · Cancellation of Removal · Asylum · Withholding · CAT
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How removal proceedings work
Removal defense — the essentials
Removal proceedings begin when the Department of Homeland Security files a Notice to Appear (NTA) with the immigration court. The NTA charges the respondent with being removable under one or more grounds of the Immigration and Nationality Act. The respondent must appear before an immigration judge, failure to appear results in an automatic order of removal entered in absentia.
Removal proceedings typically involve multiple court hearings, a master calendar hearing where the charges are addressed and the case is scheduled, and an individual merits hearing where the respondent presents their defense. Available defenses depend on the grounds of removal and the respondent’s immigration history, and may include cancellation of removal, adjustment of status, asylum, withholding of removal, or Convention Against Torture protection.
Key FACTS
Initiated by:
Notice to Appear (NTA)
Court:
Immigration Court (EOIR)
Failure to appear:
In absentia removal order
Appeal:
Board of Immigration Appeals
Federal appeal:
Circuit Court of Appeals
Motion to reopen:
Available in most cases
Cancellation (LPR):
5 years LPR + 7 years residence
Cancellation (non-LPR):
10 years + exceptional hardship
What we handle
Removal defense services
Immigration court representation for individuals and families facing removal proceedings in New York.
Immigration court representation
Appearance and representation at all immigration court hearings, master calendar and individual merits hearings — before the New York Immigration Court. We present defenses to removal and relief applications on behalf of our clients.
BIA appeals
Appeals of immigration judge decisions to the Board of Immigration Appeals, including briefing, oral argument where available, and coordination of stays of removal pending appeal.
Motions to reopen and reconsider
Motions to reopen removal proceedings for respondents with in absentia orders or changed circumstances, and motions to reconsider immigration judge decisions based on errors of law or fact.
Relief applications
Preparation and presentation of relief applications in removal proceedings, including cancellation of removal, adjustment of status, asylum, withholding of removal, and Convention Against Torture claims.
How it works
Our removal defense process
01
Emergency intake
When a client receives a Notice to Appear or is detained we conduct an immediate intake to review the NTA, assess the charges, identify available defenses, and confirm upcoming court dates. Time is critical in removal proceedings.
02
Master calendar hearing
We appear at the master calendar hearing, respond to the charges on the NTA, and request adequate time to prepare the defense. We use this stage to identify the strongest available relief and set the individual hearing date.
03
Defense preparation
We prepare the full evidentiary record for the individual merits hearing, including declarations, country condition evidence, expert witnesses where appropriate, and legal briefs addressing the applicable relief.
04
Individual hearing & appeal
We represent the client at the individual merits hearing before the immigration judge. If the judge orders removal we advise on appeal options to the BIA and Circuit Court and handle the appeal where warranted.
Common questions
Removal defense FAQ
I received a Notice to Appear — what should I do immediately?
Contact an immigration attorney as soon as possible, ideally before your first court date. Review the NTA carefully and note the date, time, and location of your first hearing. Do not miss any court dates. Failure to appear results in an automatic in absentia order of removal that is very difficult to undo. Bring the NTA to your consultation so we can review the specific charges and identify your options before the first hearing.
What defenses are available in removal proceedings?
Available defenses depend on the grounds of removal and your immigration history. Common defenses and forms of relief include cancellation of removal for lawful permanent residents and non-LPRs, adjustment of status based on a family or employment petition, asylum and withholding of removal for those facing persecution, Convention Against Torture protection, and voluntary departure. Not all defenses are available in every case, and the analysis depends on your specific charges, criminal history if any, and family ties in the United States.
What is cancellation of removal and do I qualify?
Cancellation of removal is a form of relief that allows certain respondents to have their removal cancelled and their status adjusted. For lawful permanent residents the requirements are five years of LPR status and seven years of continuous residence in the United States, without certain criminal convictions. For non-LPRs the requirements are ten years of continuous physical presence, good moral character, and a showing of exceptional and extremely unusual hardship to a qualifying U.S. citizen or LPR spouse, parent, or child. The hardship standard for non-LPRs is very high and requires strong evidentiary support.
What is the civics test and how do I prepare?
The civics test format depends on when you filed your N-400. For applications filed before October 20, 2025 the officer asks up to 10 questions from a pool of 100 and you must answer 6 correctly. For applications filed on or after October 20, 2025 the officer asks up to 20 questions from a pool of 128 and you must answer 12 correctly. Applicants who are 65 or older and have been LPRs for 20 or more years receive special consideration, will receive 10 questions from a designated list of 20, and may take the test in their native language.
Can I appeal if the immigration judge orders my removal?
Yes. A decision by an immigration judge can be appealed to the Board of Immigration Appeals within 30 days of the decision. If the BIA affirms the removal order the decision can be further appealed to the federal Circuit Court of Appeals. Filing a timely notice of appeal automatically stays removal while the appeal is pending in most cases. We advise on the strength of the appeal and handle BIA briefing and oral argument where available.
I had a removal order entered in absentia, can it be reopened?
Possibly. an in absentia order can be reopened if you can demonstrate that you did not receive proper notice of the hearing, or that your failure to appear was due to exceptional circumstances beyond your control. Motions to reopen in absentia orders have strict deadlines and high standards. The sooner you act after learning of the order the better your chances of reopening the case. We assess in absentia reopening motions as part of our removal defense practice.
Facing removal proceedings?
Removal defense requires immediate action. Contact us as soon as possible after receiving a Notice to Appear.
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