Removal Proceedings Defense in Long Beach: Fighting Deportation in Immigration Court
Understanding your options when facing deportation
Quick Answer
Removal proceedings are formal deportation hearings before an immigration judge. If you've received a Notice to Appear (NTA), you have the right to fight for relief and remain in the United States. Long Beach residents facing removal have multiple defense options depending on their circumstances.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
Long Beach has a diverse immigrant community, and many residents face removal proceedings each year. SoCal Immigration Services provides Arabic-speaking guidance for individuals and families fighting deportation, helping navigate the complex immigration court system and pursue all available relief.
Understanding Removal Proceedings
How They Begin:
• DHS issues a Notice to Appear (NTA)
• NTA filed with immigration court
• Court schedules master calendar hearing
• You must appear or face deportation order
Who Conducts Proceedings:
• Immigration Judge (IJ) presides
• DHS attorney represents government
• You can have your own attorney (not appointed)
• Proceedings are civil, not criminal
Reasons for Removal Proceedings
- •Entered without inspection (crossed border illegally)
- •Overstayed visa or violated status
- •Committed certain criminal offenses
- •Immigration fraud or misrepresentation
- •Public charge (became dependent on government benefits)
- •Falsely claimed U.S. citizenship
- •Failed to maintain status
- •Security or terrorist-related grounds
Types of Hearings in Removal Proceedings
| Hearing Type | Purpose | What Happens |
|---|---|---|
| Master Calendar | Initial appearance, set schedule | Identify issues, schedule merits hearing |
| Individual/Merits | Present your case | Testimony, evidence, legal arguments |
| Bond Hearing | Request release from detention | Judge decides if bond appropriate |
| Motion Hearing | Address specific legal issues | Continuances, changes of venue, etc. |
Relief from Removal: Cancellation for LPRs
Requirements:
• Lawfully admitted for permanent residence for at least 5 years
• Continuous residence in U.S. for at least 7 years
• Have not been convicted of an aggravated felony
What It Provides:
• Removal proceedings terminated
• LPR status retained
• Criminal grounds may still apply to future applications
Important: The 7-year clock stops when you commit the offense that makes you deportable or when NTA is served, whichever is earlier.
Relief from Removal: Cancellation for Non-LPRs
Requirements:
• 10 years continuous physical presence in U.S.
• Good moral character during that period
• Not convicted of certain criminal offenses
• Removal would cause 'exceptional and extremely unusual hardship' to USC or LPR spouse, parent, or child
What It Provides:
• Grants lawful permanent residence
• Ends removal proceedings
• Path to citizenship after 5 years
The Hardship Standard: This is extremely high - must be substantially beyond what would normally be expected from deportation.
Asylum and Withholding of Removal
Asylum:
• Must show persecution or fear based on race, religion, nationality, political opinion, or particular social group
• Must apply within 1 year of arrival (exceptions apply)
• Grants path to green card after 1 year
Withholding of Removal:
• Higher standard: 'more likely than not' to be persecuted
• No 1-year filing deadline
• Does not lead to green card
• Prevents removal to specific country only
Convention Against Torture (CAT):
• Must show it's 'more likely than not' you'll be tortured
• Available even with criminal history
• Prevents removal to specific country
Voluntary Departure
Benefits:
• Leave on your own terms
• Avoid formal removal order
• May avoid bars to future reentry
• Can apply for visas sooner
Requirements:
• Request before or at end of proceedings
• Show means to depart
• Good moral character
• Not convicted of aggravated felony
Timing:
• Pre-hearing: up to 120 days
• Post-hearing: up to 60 days
• Must actually depart or face serious consequences
Adjustment of Status in Removal Proceedings
When Available:
• Approved I-130 or I-140 petition
• Visa immediately available
• Eligible for adjustment under current law
• No bars to adjustment
Process:
• File I-485 with immigration court or USCIS
• Judge may grant adjustment
• Terminates removal proceedings
Strategic Considerations:
• May need to admit removability first
• Criminal issues can complicate
• Timing with visa availability important
Waivers of Inadmissibility
- •INA 212(h) - Criminal grounds waiver (requires qualifying relative)
- •INA 212(i) - Fraud/misrepresentation waiver (extreme hardship required)
- •INA 212(a)(9)(B) - Unlawful presence waiver (for 3/10-year bars)
- •INA 212(c) - Former discretionary relief for long-term LPRs
- •VAWA cancellation - For abuse victims
- •Prosecutorial discretion - DHS may agree to terminate
The Importance of Appearing at Hearings
If You Don't Appear:
• Judge may order you removed in absentia
• Order generally not appealable
• You become deportable immediately
• Bars to future relief may apply
Exceptions:
• Exceptional circumstances (serious illness, death in family)
• Lack of proper notice
• Must move to reopen within 180 days (or 1 year for exceptional circumstances)
Best Practice: Always appear, even if you don't have an attorney. Request a continuance if needed.
Appeals and Motions to Reopen
Appeal to BIA:
• Board of Immigration Appeals reviews IJ decisions
• Must file within 30 days of decision
• Can raise legal and factual errors
• Further appeal to federal circuit court possible
Motion to Reopen:
• Request judge reconsider based on new evidence
• Generally must file within 90 days
• No time limit for certain claims (ineffective assistance, changed country conditions)
Motion to Reconsider:
• Ask judge to reconsider based on legal error
• Must file within 30 days
Why Long Beach Residents Choose Us
• We evaluate all possible relief options for your case
• Arabic-speaking staff explain complex court procedures clearly
• We prepare you for testimony and hearings
• We gather evidence and expert witnesses
• We handle appeals to the BIA and federal courts
• We fight aggressively to keep families together
FAQFrequently Asked Questions
Q:I received a Notice to Appear (NTA). What should I do first?
A: Note your hearing date and location on the NTA. If no date is listed, call the court to find out. Then immediately consult an immigration attorney. Do NOT miss your hearing - this will result in a deportation order. Gather all your immigration documents and any evidence of ties to the U.S.
Q:Can I get a free lawyer for immigration court?
A: Unlike criminal court, there is no right to appointed counsel in immigration court. However, you can seek help from legal aid organizations, law school clinics, or pro bono attorneys. The court should provide a list of free legal services. We also offer consultations to evaluate your case.
Q:How long do removal proceedings take?
A: Proceedings can take months to years depending on the court's backlog, the complexity of your case, and whether you're detained. Some courts have backlogs of 3-5 years. Detained cases move faster, often within months.
Q:Can I work while in removal proceedings?
A: It depends on your status. If you had work authorization before proceedings began, you may be able to renew it. If you apply for asylum, you can apply for work authorization 180 days after filing. Those without status generally cannot work legally.
Q:What is the difference between deportation and removal?
A: Legally, they're now the same - 'removal' replaced 'deportation' and 'exclusion' in 1996. Removal covers both people inside the U.S. and at ports of entry. The consequences are the same: you're ordered to leave and face bars to returning.
Q:My removal order is 10 years old. Can I still challenge it?
A: Old removal orders are difficult but not always impossible to challenge. Options include motions to reopen (limited grounds after 90 days), collateral attacks if there were due process violations, or seeking prosecutorial discretion. The specific circumstances of your order matter greatly.
Facing Removal Proceedings?
If you've received a Notice to Appear or are in immigration court proceedings, contact us immediately for a case evaluation. The sooner you act, the more options you may have.