Removal defense, sometimes called deportation defense, is the area of immigration law that involves representing individuals who are facing removal (deportation) from the United States. Although many people continue to use the term deportation, the Immigration and Nationality Act (INA) now generally refers to these proceedings as removal proceedings. Both terms describe the legal process in which the federal government seeks to remove a noncitizen from the United States. See INA §§ 239–240, 8 U.S.C. §§ 1229–1229a.
Removal proceedings begin when the Department of Homeland Security (DHS) serves a Notice to Appear (Form I-862), alleging that an individual is removable under the immigration laws. The case is then heard by an Immigration Judge within the Executive Office for Immigration Review (EOIR), a component of the U.S. Department of Justice—not USCIS. During these proceedings, the government must establish the legal basis for removal, while the respondent may challenge the allegations, contest removability, or seek one or more forms of immigration relief that would allow them to remain lawfully in the United States. See INA §§ 239–240; 8 C.F.R. Parts 1003 and 1240.
Removal defense may involve applications for asylum, withholding of removal, protection under the Convention Against Torture (CAT), cancellation of removal, adjustment of status, waivers, voluntary departure, or other forms of relief depending on the facts of the case. Because the consequences of removal can permanently affect an individual and their family, these proceedings are among the most serious matters in immigration law and require careful legal analysis, thorough preparation, and effective advocacy before the Immigration Court.