Yes, you can fight deportation. Being placed in removal proceedings does not mean you will be deported. You have the right to appear before an immigration judge, to be represented by an attorney at your own expense, and to apply for any relief you qualify for. This guide explains how removal proceedings work, the defenses available, how to prepare, and the 2026 policy changes that make acting quickly more important than ever.
Key Point:
- Removal proceedings begin with a Notice to Appear (NTA) and run through immigration court, where you can contest the charges and apply for relief. Never miss a hearing: missing one can lead to a removal order issued in your absence.
- Common defenses include cancellation of removal, asylum, withholding of removal, adjustment of status, and voluntary departure. Which applies depends on your history and family ties.
- 2026 changes raise the stakes: expedited removal has expanded, the ICE stay-of-removal fee has been proposed to rise sharply, and court rules on defective notices have tightened. Get legal help early.
Written by Jonathan Aftalion, Esq. — Founding Attorney, Aftalion Law Group
(UCLA BA, Wisconsin JD, Witwatersrand LLM, dual CA + NY licensure, Super Lawyers Rising Stars)
In this blog, we'll explore:
What Are Deportation and Removal Proceedings?
Deportation, legally called removal, is the process the U.S. government uses to expel someone it believes has violated immigration laws. Removal proceedings are overseen by an immigration court and involve several phases, including hearings and review of evidence.
The process is civil, not criminal, which has one critical consequence: you have the right to hire an attorney, but the government will not provide one for free. Because representation dramatically affects outcomes, this is not a step to skip.
What Are the Common Reasons for Removal Proceedings?
People most often find themselves in removal proceedings for entering the United States without proper documentation, overstaying a visa, being convicted of certain crimes (such as drug offenses, theft, or fraud), or violating the terms of a green card or visa.
If removal applies to you, you will receive a Notice to Appear (NTA). This document lays out the government’s case against you and includes the date, time, and location of your immigration court hearing.
What Are the Steps in the Removal Process?
Understanding the stages helps you navigate them:
- Notice to Appear (NTA). The NTA states the charges against you. Review it carefully and get legal help right away.
- Master Calendar Hearing. This first court session reviews the charges and confirms whether they are accurate. Legal representation here is crucial to ensure your case is handled correctly.
- Individual Hearing. If you contest the charges, the court sets an individual (merits) hearing where you present evidence and argue your defense.
- The Judge’s Decision. The judge decides whether you may stay in the United States or be removed. If the decision is unfavorable, you may be able to appeal.
Why Is Never Missing a Hearing So Important in 2026?
If you miss an immigration court hearing, the judge can order you removed in absentia, in your absence, and reopening that order is difficult. This has become even more critical in 2026. Under updated Board of Immigration Appeals interpretations (Matter of Laparra-Deleon), a later corrected hearing notice can cure defects in an original NTA, making it easier for the government to obtain an in-absentia removal order when someone does not appear. Always keep your address current with the court and attend every hearing.
What Are the Common Defenses Against Deportation?
Several legal defenses may be available, depending on your situation:
Cancellation of removal. This lets certain people remain in the U.S. if they meet strict criteria. For lawful permanent residents (LPRs): at least seven years of continuous residence, at least five years as an LPR, and no aggravated felony conviction. For non-LPRs: at least 10 years of physical presence, good moral character, and proof that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or LPR family member. Cancellation is discretionary, so even meeting the requirements does not guarantee approval; judges weigh factors like family ties, employment, and community contributions.
Asylum, withholding of removal, or CAT protection. If you fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group, you may qualify for asylum. Asylum must generally be filed within one year of arrival, with exceptions for changed or extraordinary circumstances. If you miss that deadline, withholding of removal or protection under the Convention Against Torture (CAT) may still prevent deportation, though neither leads to a green card.
Adjustment of status. If you have an immediate relative who is a U.S. citizen or LPR, or employment sponsorship, you may be eligible to adjust status to a green card, through a family-based petition (Form I-130) or employment. In proceedings, the immigration judge must approve it.
Voluntary departure. Leaving the U.S. on your own terms within a set period can avoid some penalties of a formal removal order and may preserve your ability to return legally later. You must show good moral character, the financial ability to depart, and no disqualifying convictions.
U or T visas, and prosecutorial discretion. Victims of certain crimes or of human trafficking may qualify for U or T visas. In some cases, ICE may decline to pursue removal through prosecutorial discretion, particularly where the person poses little public-safety risk.
What Changed in Removal Defense in 2026?
Several 2026 developments make removal defense harder and faster-moving:
- Expanded expedited removal. DHS rules allow fast-track deportation, without a hearing before an immigration judge, for certain individuals who cannot prove two years of continuous U.S. presence. Carry evidence of your time in the U.S.
- Higher stay-of-removal fees. The fee for an ICE stay of removal application has been proposed to rise sharply, reportedly from $155 to $755.
- Tighter rules on defective notices. As noted, corrected notices can now cure earlier NTA errors, narrowing a defense that once helped people who received flawed paperwork.
- TPS and parole wind-downs. Temporary Protected Status has been scaled back or terminated for certain nationalities, and prior humanitarian parole programs (such as CHNV) face expiration or strict wind-down limits, pushing more people toward removal defense.
Because these rules are shifting quickly and some remain in litigation, confirm the current status of any specific change with an attorney before relying on it.
How Do You Prepare for Your Case?
Preparation improves your chances:
- Gather documentation. Collect records that support your case, such as marriage and birth certificates, proof of U.S. residence (tax returns, utility bills), and, for U or T visas, police or medical reports.
- Attend every hearing. Never miss an immigration court date; failing to appear can trigger an immediate removal order.
- Get legal counsel. An experienced immigration attorney can build your defense, prepare your filings, and represent you in court.
- Stay informed. Keep up with policy changes, since 2026 rules are shifting quickly and can affect your case.
What Are Your Options After a Removal Order?
Even after a removal order, some options may remain. You can file a motion to reopen if new evidence or changed circumstances arise, appeal to the Board of Immigration Appeals (BIA) within 30 days of the judge’s decision, or, if the BIA denies the appeal, seek review in a U.S. Court of Appeals. Each requires prompt action and strong legal arguments, so work with an attorney experienced in appeals and post-removal relief.
What We Are Seeing in Current Cases
By Jonathan Aftalion, Esq., Founding Attorney, Aftalion Law Group (UCLA BA, Wisconsin JD, Witwatersrand LLM, licensed in California and New York, Super Lawyers Rising Stars).
Removal defense in 2026 rewards speed and punishes delay more than it used to. With expedited removal expanded, I tell people to carry proof of their time in the U.S., because the two-year presence question can decide whether you even get a hearing. The other thing I stress is deadlines: miss a court date and, under the current rulings, you are in a far worse position than a few years ago. The cases that go well are the ones where we got involved early, mapped out every form of relief the person qualified for, and never let a filing or hearing date slip. If you have received an NTA, the clock is already running.
Get Help Fighting Your Removal Case
Facing deportation is frightening, but you have rights and options, and you do not have to face it alone. Aftalion Law Group has represented clients in removal proceedings across California and New York, and nationwide, with strong, tailored defense strategies. Learn more on our removal defense page, read about our firm, or contact us at (424) 270-6767 for a free case evaluation. Hablamos español.
Frequently Asked Questions (FAQ)
Q: What happens if I miss my immigration court hearing?
A: Missing a hearing results in an in-absentia removal order. If you had a valid reason, you may be able to file a motion to reopen, but this is harder under 2026 rulings, so never miss a date and keep your address current with the court.
Q: Can I fight removal if I have a criminal record?
A: Yes, but the outcome depends on the offense. Some convictions disqualify you from certain relief, while others still leave defenses available. An attorney can assess your specific record.
Q: What are my chances of winning my case?
A: It depends on your immigration history, the defenses available, and your evidence. Representation significantly improves success rates.
Q: What is expedited removal, and who does it affect?
A: Expedited removal allows deportation without an immigration judge hearing. In 2026 it applies more broadly and can reach people who cannot prove two years of continuous U.S. presence, so keep documentation of your time in the country.
Trusted Resources:
- EOIR, Executive Office for Immigration Review (immigration courts): https://www.justice.gov/eoir
- USCIS, Asylum: https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum
- DHS, U.S. Immigration and Customs Enforcement (ICE): https://www.ice.gov/
- Immigrant Legal Resource Center, Removal Defense: https://www.ilrc.org/removal-defense
Reviewed and updated: August 2026
Recent Blogs
Categories
Essential Ideas
- Deportation process explained
- Common defenses against removal
- Steps in removal proceedings
- Preparation improves outcomes
- Legal representation is essential