Deportation (Removal) Defense

Understanding Deportation (Removal)

Deportation is the formal process through which the U.S. Department of Homeland Security (DHS) seeks to remove a non-citizen from the United States for violating immigration or criminal laws.
Proceedings are conducted before an immigration judge within the Executive Office for Immigration Review (EOIR), a branch of the U.S. Department of Justice.

Common reasons for removal include:

• Overstaying a visa or entering the U.S. without authorization

• Committing certain criminal offenses listed in the Immigration and Nationality Act (INA)

• Failing to maintain legal immigration status

• Engaging in immigration fraud or misrepresentation

Nevada’s immigrant population includes thousands of individuals who contribute to local industries and communities. Knowing your rights and options if you or a family member face removal is crucial.

The Removal Process Explained

Removal proceedings follow a series of steps established by the INA and immigration court procedures.

1. Notice to Appear (NTA)

The process begins when DHS issues a Notice to Appear (Form I-862). This document outlines the government’s allegations and the legal reasons it believes the individual should be removed from the United States.
Once the NTA is filed with the immigration court, the case is officially opened.

2. Master Calendar Hearing

The first hearing is called the Master Calendar Hearing. During this session, the immigration judge confirms the charges, reviews basic information, and schedules further hearings. Individuals may admit or deny the allegations and designate a country of removal.

3. Individual (Merits) Hearing

This hearing is where evidence and testimony are presented. The judge reviews documents, hears witnesses, and determines whether the person qualifies for any form of relief.
Applicants may present evidence such as family ties, employment history, or humanitarian circumstances.

4. Decision and Appeal

After reviewing all information, the judge issues a written decision. If removal is ordered, the individual can appeal to the Board of Immigration Appeals (BIA) within 30 days.
In some cases, appeals may continue to the U.S. Court of Appeals for the Ninth Circuit, which has jurisdiction over Nevada.

Forms of Relief from Removal

Even after being placed in removal proceedings, individuals may still qualify for relief under federal law.

Asylum and Withholding of Removal

Under 8 U.S.C. § 1158, asylum may be granted to individuals who can prove a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Withholding of removal under 8 U.S.C. § 1231(b)(3) provides additional protection for those who face serious threats if returned to their home country.

Cancellation of Removal

Certain permanent residents and non-permanent residents may apply for Cancellation of Removal under INA § 240A if they meet strict residency and moral-character requirements and can show that removal would cause exceptional hardship to qualifying relatives.

Adjustment of Status

In some cases, individuals may be eligible to adjust their status to lawful permanent residence while in removal proceedings, provided they have an approved family or employment petition and meet all admissibility criteria.

Voluntary Departure

If no other relief is available, a person may request voluntary departure, allowing them to leave the United States at their own expense within a specified time and avoid a formal removal order.

Immigrant Rights in Nevada

All individuals in Nevada—regardless of immigration status—are entitled to basic legal protections under the U.S. Constitution and Nevada Revised Statutes (NRS).

• Due Process and Fair Treatment: Everyone has the right to a hearing before an immigration judge and to present evidence in their defense.

• Protection During Detention: Under NRS 211.007, individuals questioned about immigration status while in custody must be informed of the reason for the questioning.

• Limited Immigration Enforcement: NRS 228.208 directs Nevada’s Attorney General to establish model policies limiting state and local enforcement of federal immigration law in schools, courthouses, and hospitals.

• Right to Legal Representation: Although immigration courts do not appoint attorneys, individuals have the right to hire a lawyer at their own expense or seek assistance from accredited non-profit organizations.

These protections underscore Nevada’s commitment to fairness and transparency within the immigration process.

What to Do if You or a Loved One Face Deportation

If someone in Las Vegas is detained or receives a Notice to Appear:

1. Do not ignore the notice. Failure to attend court hearings can result in an automatic removal order.

2. Gather all immigration documents, including passports, visas, and USCIS notices.

3. Document your residence and ties to Nevada, such as work records, leases, or family connections.

4. Contact a licensed immigration attorney or accredited representative for legal guidance.

5. Stay informed about case dates through the EOIR Automated Case Information System at acis.eoir.justice.gov.

After a Removal Order

If a removal order has been issued, several options may still exist:

• File an appeal with the Board of Immigration Appeals (BIA).

• Request a stay of removal while an appeal is pending.

• Seek reopening or reconsideration if new evidence or eligibility arises.

• Apply for protection under the Convention Against Torture (CAT) if there is a risk of torture in the home country.

Timely action is essential, as appeals and motions have strict deadlines.

Reliable Resources for Las Vegas Residents

Residents of Nevada can find credible information through:

• Executive Office for Immigration Review (EOIR): justice.gov/eoir

• U.S. Citizenship and Immigration Services (USCIS): uscis.gov

• Nevada Attorney General – Immigration Policies: ag.nv.gov

• Immigration Court Las Vegas Information Line: acis.eoir.justice.gov

This website provides general information for educational purposes only and does not offer legal representation or individual legal advice.