Removal or deportation proceedings in immigration court

Immigration court (Executive Office of Immigration Review, EOIR)

Immigration court is almost never a happy place to be, because if you are there, it is because the U.S. Department of Homeland Security, and more specifically Immigration Control and Enforcement (ICE), is trying to remove (deport) you or someone you care about from the U.S.

Immigration court in some ways feels like a criminal court, because government lawyers are trying to prove that you, or someone you care about, has done something wrong. Removal or deportation is not listed as punishment, but it certainly feels like it! But you would be mistaken if you thought that immigration court was just like criminal court, because you have far FEWER rights in immigration court than you do in criminal courts.

The following are SOME of the kinds of cases that take place in the immigration courts and that I handle.

•  Asylum as a defense to removal (deportation)
It is also possible to file asylum cases affirmatively, that is, without being arrested by ICE or Customs and Border Protection. Talk to a lawyer before you consider filing an affirmative claim.

•  Convention Against Torture (CAT) as a defense in removal (deportation) proceedings

•  Bond Redetermination in front of a judge
It is also possible to ask ICE for a bond, or, if you or your loved one fall into the category of people for whom detention is mandatory, to request parole. An immigration judge may not grant parole.

•  Cancellation of Removal
Cancellation of removal (or deportation) is only available in the context of a removal or deportation proceeding in front of an immigration judge.

Click here to learn about detention and other obstacles to due process.

Click here to return to general immigration law page.

Click here to go to the page about immigration matters before the United States Citizenship & Immigration Service (USCIS).

Virginia Raymond is not certified by the Texas Board of Legal Specialization.