Deportation Defense Guide
How to Win Your Case in Immigration Court

When you attend a removal or deportation hearing before an Immigration Judge , make sure you go to the courtroom with the most experienced and knowledgeable deportation defense attorney you can find.

Why?

Because the government will be represented by an attorney who will likely appear in hundreds, or even thousands, of deportation hearings. I know – I am a former INS Trial Attorney .

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If your attorney has no knowledge or experience in deportation defense, you are at a distinct disadvantage. Too many people walk out of their removal hearings without taking the time to find the best and most experienced deportation defense attorney to represent them.

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Instead, they look for an inexpensive attorney or, worse yet, appear without an attorney. This is a recipe for disaster.

Why?

Because you are creating a record before the Immigration Judge. If you lose, and then hire a new and better attorney to appeal the Judge’s decision, he will be saddled with the record of proceedings that you, or your inexpensive attorney, created before the Judge. The record of proceedings consists of the transcript of the hearing and the exhibits, including copies of any applications submitted on your behalf. If you do not make a good record before the Judge, it may be difficult for your new deportation attorney to win your appeal.

Facing immigration court proceedings can be a daunting experience, as the outcome can significantly impact your future. It is essential to be prepared and knowledgeable to increase your chances of success.

Below are a number of key strategies and steps to help you navigate the immigration court system and improve your chances of winning your case.

1. Seek Professional Legal Representation: One of the most crucial steps to winning your case is to hire an experienced immigration attorney. Immigration laws are complex, and having a knowledgeable advocate by your side can significantly strengthen your case. An attorney will guide you through the legal process, gather evidence, and present a compelling argument on your behalf.
2. Understand Your Immigration Status: It is vital to have a thorough understanding of your current immigration status and the specific grounds on which you are facing removal proceedings. Familiarize yourself with the relevant immigration laws and regulations that apply to your case. Knowing the specifics of your situation will help you and your attorney build a strong defense.
3. Gather Supporting Evidence: Collecting and presenting strong supporting evidence is crucial in immigration court. This may include documents such as birth certificates, marriage certificates, employment records, tax returns, medical records, and letters of support from friends, family, or employers. The more evidence you can provide to prove your case, the stronger your defense will be.
4. Establish Credibility: Credibility is a crucial factor in immigration court. Be honest and forthright in your testimony and provide consistent and truthful information throughout the proceedings. Any inconsistencies or contradictions may harm your credibility and weaken your case. Maintain a respectful demeanor in court, follow instructions, and cooperate fully with your attorney.
5. Develop a Strong Legal Argument: Work closely with your attorney to develop a compelling legal argument that addresses the specific grounds for your removal. Analyze relevant case law and precedents to support your position. Your attorney will help you articulate your argument effectively and highlight any legal avenues or relief options available to you.
6. Prepare for Court Proceedings: Thoroughly prepare for each court appearance. Familiarize yourself with the courtroom procedures and etiquette. Anticipate potential questions from the immigration judge and opposing counsel and practice your responses. Your attorney will help you prepare for direct examination, cross-examination, and presenting witnesses if necessary.
7. Build a Supportive Network: Having a strong support network can make a significant difference during immigration court proceedings. Seek emotional and moral support from family, friends, and community organizations. Additionally, connect with support groups or organizations specializing in immigration issues. They can provide valuable resources, guidance, and testimonials to strengthen your case.
8. Stay Informed and Compliant: Stay up to date with changes in immigration laws and regulations that may affect your case. Comply with all court orders, filing deadlines, and document requests. Adhere to any conditions imposed by the immigration court, such as attending check-ins or providing updated information. Demonstrating compliance and good moral character can positively influence the judge’s perception of your case.
9. Appeal if Necessary: In the event of an unfavorable decision, consult with your attorney to determine if an appeal is appropriate. Appeals can provide an opportunity to challenge errors in the legal process or present new evidence that was not previously available. However, note that appeal procedures and deadlines can be strict, so it is crucial to act promptly.

Conclusion: Winning your case in immigration court requires careful preparation, solid legal representation, and a strong presentation of evidence. By understanding the complexities of the immigration court system and following the strategies outlined in this article, you can enhance your chances of success. Remember to consult with an experienced immigration attorney who can guide you through the process and provide personalized advice tailored to your specific situation.

Below are various forms of relief from deportation including:

• Adjustment of Status
• Cancellation of Removal for Permanent Residents
• Cancellation of Removal for Non-Permanent Residents
• Asylum
• Withholding of Removal
• Convention Against Torture
• Voluntary Departure

The Board of Immigration Appeals (BIA) is located in Falls Church, Virginia. The BIA never sees nor hears from you. They only see the printed record, the decision of the Immigration Judge and the attorneys’ legal briefs. If the BIA rules against you and you finally decide to hire a great immigration attorney to take your case to Federal Court, the court must rely on the record of proceedings. You never get the chance to testify in court. With this in mind, use the information contained in the following articles and links to help you avoid deportation, and become a permanent resident of the United States.

U.S. immigration authorities would like to issue photo ID cards to immigrants in deportation proceedings. The plan is still being developed as a pilot program by ICE. The cards will not be an official form of federal identification but will be used by the Department of Homeland Security. The cards would allow immigrants to access information about their deportation defense cases online. The Biden administration is hoping for $10 million in a budget proposal for the next fiscal year to fund it but it is not clear if the money would be used to cover the pilot or a broader program.

Related Pages:

• Criminal Offenses
• Aggravated Felonies
• Cancellation of Removal: A Case Study
• Deportation Defense Videos
• Detention
• Executive Office for Immigration Review (EOIR)
• Expedited Removal – Deportation without a Hearing
• ICE/INS Prosecutorial Discretion Memos
• Immigration Courts
• Board of Immigration Appeals (BIA)
• Federal Courts

The Deportation Defense Guide is divided into the following subtopics:

• Success Stories – Deportation Defense
• Relief from Deportation
• Immigration Enforcement
• Equitable Tolling
• False Claims to US Citizenship
• Practice Advisories for Deportation Defense

SUCCESS STORIES – DEPORTATION DEFENSE

• Deportation – Green Card Holder Fights Back and Wins!
• Deportation? No. US Citizenship? Yes!
• Saving a Client from Deportation (Part II)
• Saving a Client from Deportation (Part I)
• Is It Unauthorized Employment to Run a Business?
• Overcoming the Complications of Being “Waved in”
• Using LPR Cancellation of Removal to Avoid Deportation
• Saving a Divorcee from Deportation
• Immigrant Family’s Kafkaesque Ordeal
• Bringing a Deported Spouse Back to the U.S.
• From Deportation Proceedings to U.S. Citizenship
• Saving a Science Superstar from Deportation
• How to Get a Client Out of Immigration Jail
• Helping Unaccompanied Immigrant Children
• Cabrera Family Wins Right to Remain in U.S.
• Relief from Removal – “A Tale of Two Cities”
• Returning to the U.S. After Deportation
• Deportation: Winning Your Case in Immigration Court
• Illegal Marine Gains Green Card
• Honor Student Beats Deportation

More success stories…

Deportation Defense

• How To Avoid Deportation
• Winning Your Case in Immigration Court
• Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion – Doyle Memo (4-3-22)
• Singh v. Garland – 9th Circuit Court of Appeals (2-4-22)
• Guidelines for the Enforcement of Civil Immigration Law (9-30-21)
• Rodriguez v. Garland – 5th Circuit Court of Appeals (9-27-21)
• 9th Circuit Rejects “Departure Bar” to Reopening Deportation Cases (6-03-21)
• Rubalcaba v. Garland (9th Circuit, 6-02-21)
• Administrative Closure and Motions to Recalendar (June 2017)
• Supreme Court to Hear Immigrant’s Reversal of a Plea in an Attempt to Avoid Deportation (3-24-17)
• Immigration Judges Headed to 12 US Cities to Speed Deportations (3-17-17)
• Court Deportations Drop 43 Percent in Past Five Years (4-16-14)
• Court Orders DHS to Provide Representation to Mentally Disabled Detainees (4-23-13)
• Fact Sheet – USCIS and ICE Procedures Implementing EOIR Regulations on Background and Security Checks on Individuals Seeking Relief or Protection from Removal In Immigration Court or Before the BIA (8-22-11)
• Attorney General Vacates Compean Order (6-03-09)
• Immigration Benefits in EOIR Removal Proceedings (USCIS)
• Notice to Individuals Granted Immigration Benefits by Immigration Judge or Board of Immigration Appeals (USCIS)
• Immigration Judge Marks’ Comments to the 9th Circuit Court of Appeals (June 2006)
• Jama v. ICE – Supreme Court Upholds Law Which Permits Alien to be Removed to Country Without that Country’s Advanced Consent (1-13-05)
• Morales v. Izquierdo v. Ashcroft – 9th Circuit Appeals Court Voids INS Re-Instatement of Removal Rules (11-18-04)
• EOIR Press Release: Final 212(c) Regulations (9-29-04)
• Final 212(c) Regulations (9-28-04)
• Calcano-Martinez vs. INS: Supreme Court Holds That Right to Habeas Corpus Preserved For Persons Challenging Orders of Removal (6-25-01)

Immigration Enforcement

• Know Your Rights with ICE (2-2-17)
• Office of Immigration Litigation

Equitable Tolling

• Mejia-Hernandez vs. Holder (9th Cir. 2011)
• Singh v. Gonzales (9th Cir. 2007)
• Albillo-De Leon v. Gonzales (9th Cir. 2005)
• Fajardo vs. INS (9th Cir. 2002)
• Socop-Gonzalez v. INS – En Banc (9th Cir. 2001)
• Jobe vs. INS – 238 F.3d 96 – En Banc (1st Cir. 2001)
• Varela vs. INS – 204 F.3d 1237 (9th Cir. 2000)
• Lopez vs. INS – 184 F.3d 1097 (9th Cir. 1999)

False Claims to US Citizenship

• Determining False Claim to U.S. Citizenship – USCIS Policy Manual, Chapter 2
• New USCIS Policy Guidance on Inadmissibility Based on False Claim to Citizenship (5-20-20)
• Matter of Zhang, BIA (2019)
• Matter of Richmond, BIA (2016)

Practice Advisories Regarding Deportation Defense

• Strategies and Considerations in the Wake of Niz-Chavez v. Garland (6-30-21)
• Prosecuting People for Coming to the United States (12-04-19)
• Federal Court Blocks Trump Fast-Track Deportation Policy (9-18-19)
• Groups Sue Trump Administration Over Fast-Track Deportations (8-6-19)
• A Primer on Expedited Removal (7-22-19)
• Reinstatement of Removal (5-23-19)
• Voluntary Departure: When the Consequences of Failing to Depart Should and Should Not Apply (12-21-17)
• Deportations in the Dark- Lack of Process and Information in the Removal of Mexican Migrants (9-19-17)
• Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by U.S. Customs and Border Protection (8-01-17)
• Motions to Suppress in Removal Proceedings: A General Overview (8-01-17)
• Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment Violations (8-01-17)
• Deported with No Possessions (12-21-16)
• Seeking Remedies for Ineffective Assistance of Counsel in Immigration Cases (1-29-16)
• How to File a Petition for Review (11-09-15)
• Prosecutorial Discretion: How to Advocate for Your Client (3-18-15)
• The President’s Discretion, Immigration Enforcement, and the Rule of Law (08-26-14)
• Notices to Appear (6-01-14)
• Seeking a Judicial Stay of Removal in the Court of Appeals (1-21-14)
• Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues (11-20-13)
• Reinstatement of Removal (4-29-13)
• Return to the United States After Prevailing on a Petition for Review or Motion to Reopen (12-21-12)
• How To File A Petition For Rehearing, Rehearing En Banc And Hearing En Banc In An Immigration Case (4-29-11)
• Rescinding an In Absentia Order of Removal (3-21-10)
• The Criminal Justice Act: Appointment of Counsel in Habeas Corpus Proceedings (8-01-09)
• Voluntary Departure: Automatic Termination and the Harsh Consequences of Failing to Depart (7-06-09)
• Electronic Filing and Access to Electronic Federal Court Documents (4-13-09)
• Finality of Removal Orders for Judicial Review Purposes (8-05-08)
• Introduction to Habeas Corpus (6-01-08)
• Adjustment of Status of “Arriving Aliens” Under the Interim Regulations: Challenging the BIA’s Denial of a Motion to Reopen, Remand, or Continue a Case (4-16-07)
• Judicial Review Provisions of The REAL ID Act (6-07-05)
• BIA “Affirmance Without Opinion”: What Federal Court Challenges Remain? (4-27-05)
• Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong Court (4-20-05)
• EOIR Background at Security Check Regulations (4-06-05)
• Regulations and Strategies of St. Cyr for Applicants Prohibited from Section 212(C) Relief (10-19-04)

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