Removal Defense

Disclaimer: The information below is a basic explanation of Immigration Removal Procedure and is not legal advice.  Each immigration case is different based on a person’s individual immigration, family, and criminal history.

People in the United States who do not have legal status, have fallen out of legal status, or have violated their legal status in the United States can be placed in removal (“deportation”) proceedings by the Federal Government.  A person is placed in removal proceedings when the Department of Homeland Security (“DHS”) issues a Notice To Appear (“NTA”) in immigration court.  Then Notice lists all of the factual and legal reasons why the Government believes that the person is removable from the country.   This Notice is then filed with the court, and the person is scheduled for an immigration court date.

A person in removal proceedings is called the “Respondent.”  All Respondents are issued an Alien Number or “A-Number” when their Notice to Appear is given to them, if they did not previously have a number assigned to them.

It is very important that you appear for all scheduled court dates.  If you fail to appear for a scheduled court date, the immigration judge can ordered you removed (“deported”) from the United States without you there. If you are in removal proceedings, you may check your immigration court date by calling 1-800-898-7180 and entering your nine (9) digit A-Number.

Under the current law, every person in immigration proceedings has a right to an attorney at their own expense. Even if a person is removable from the United States, he or she may be eligible for some form of relief in order to be able to remain in the country.
Types of relief available include, but are not limited to the following:

  • Cancellation of Removal
  • Adjustment of Status
  • Waivers
  • Asylum or Withholding of Removal
  • U-Visa Status
  • Temporary Protected Status
  • Deferred Action
  • Prosecutorial Discretion/Administrative Closure

For advice specific to your case, please call Hoffmann Immigration Law, LLC at (815) 394-1359 to set up a consultation with one of our attorneys.