Chicago Deportation Defense Lawyers
If you received a Notice to Appear (NTA) or have a hearing scheduled at the Chicago Immigration Court, you must act quickly. Removal proceedings can lead to deportation, detention, and long-term bars from returning to the United States.
At Khalaf & Abuzir, LLC, our Chicago immigration attorneys have represented individuals and families in removal proceedings for decades. We fight deportation using the forms of relief available under the Immigration and Nationality Act (INA), including:
- Cancellation of Removal (INA §240A)
- Asylum (INA §208)
- Withholding of Removal (INA §241(b)(3))
- Protection under the Convention Against Torture (CAT)
- Adjustment of Status in Immigration Court
- Waivers of Inadmissibility
- VAWA and U Visa Relief
- Voluntary Departure
Our attorneys prepare detailed legal arguments, supporting documentation, and courtroom presentations designed to give our clients the strongest possible defense against removal.
Are you seeking relief from removal? Contact an immigration lawyer for assistance with your case, call (708) 233-1122.
Experienced Representation in Chicago Removal Proceedings
Facing removal from the United States is one of the most serious immigration challenges a person can experience. A removal order can separate families, interrupt careers, and prevent lawful reentry for years, sometimes permanently.
The government must prove that you are removable under federal immigration law. Even if you are charged with removability, you may still qualify for legal relief that allows you to remain in the United States.
Our firm represents clients before:
- The Chicago Immigration Court (EOIR)
- The Board of Immigration Appeals (BIA)
- Federal appellate courts, including the U.S. Court of Appeals for the Seventh Circuit
We understand how immigration judges evaluate hardship, credibility, criminal history, and eligibility requirements. Every case is prepared with careful attention to statutory requirements, evidentiary standards, and procedural deadlines.
Relief from removal is not automatic. It requires strategy, documentation, and experienced courtroom advocacy.
What Happens During a Removal Proceeding?
Removal proceedings begin when the Department of Homeland Security files a Notice to Appear with the immigration court.
Immigrants facing removal proceedings will receive the Notice to Appear in the mail. This document will outline the reasons for your removal, the specific immigration charges against you, and the details regarding your first hearing.
It is crucial that you review this document carefully with the help of an immigration attorney, as any errors or inconsistencies can be used as part of your defense.
A removal proceeding is a court process where an immigration judge decides whether you can remain in the United States or must be deported. The case usually involves two main hearings. First, you attend a preliminary Master Calendar Hearing. Later, if you request relief, you present evidence and testimony at an Individual Hearing, which functions as a trial. At the end of the case, the judge either grants relief or issues a removal order.
Master Calendar Hearing
Your first hearing will be a Master Calendar Hearing. The first court appearance, it is primarily procedural. At this hearing, the immigration judge will:
- Confirm your identity
- Review the allegations in the Notice to Appear
- Ask whether you admit or deny the charges
- Determine whether you will seek relief from removal
- Set deadlines for filing applications and evidence
If you intend to fight removal, your attorney will inform the court which forms of relief you plan to pursue. Strategic decisions at this stage can affect how the rest of the case unfolds.
Individual Hearing
If you apply for relief, the court schedules an Individual Hearing. This is the evidentiary hearing where you must prove eligibility for the relief requested.
During the Individual Hearing:
- You testify under oath
- Witnesses may testify on your behalf
- Supporting documents are submitted
- The government attorney may cross-examine you
- Legal arguments are presented to the judge
Each form of relief has a different legal standard. For example, cancellation of removal requires proof of exceptional and extremely unusual hardship to a qualifying relative. Asylum requires proof of past persecution or a well-founded fear of future persecution. Withholding of removal requires a higher likelihood standard.
After hearing testimony and reviewing evidence, the judge may issue a decision in court or provide a written decision later. If relief is denied, you generally have 30 days to appeal to the Board of Immigration Appeals.
Removal proceedings are adversarial. The government is represented by a trial attorney. Preparing evidence, testimony, and legal arguments in advance is critical to protecting your right to remain in the United States.
Common Grounds for Removal
A person may be placed in removal proceedings if the government believes they violated U.S. immigration law or committed certain criminal offenses. The most common grounds for removal include unlawful entry, overstaying a visa, criminal convictions, immigration fraud, and violations of immigration status. The specific charges will appear in the Notice to Appear filed with the immigration court.
Under the Immigration and Nationality Act, grounds for removal generally fall into two broad categories: inadmissibility and deportability. The category depends on whether the person was lawfully admitted into the United States.
Unlawful Entry or Overstaying a Visa
Entering the United States without inspection or remaining beyond the authorized period of a visa are among the most common reasons individuals are placed in removal proceedings.
Overstaying a visa can also trigger unlawful presence bars, which may prevent future lawful reentry if a removal order is issued.
Criminal Convictions
Certain criminal convictions can result in removal, even for lawful permanent residents.
Offenses that commonly trigger removal include:
- Aggravated felonies
- Crimes involving moral turpitude
- Controlled substance offenses
- Firearms offenses
- Domestic violence offenses
Immigration Fraud or Misrepresentation
Knowingly providing false information to obtain an immigration benefit can lead to removal proceedings. This may include misrepresentations made during visa applications, adjustment of status filings, or entry into the United States.
Fraud allegations often involve complex factual and legal analysis. In some cases, waivers of inadmissibility may be available.
Immigration Status Violations
Nonimmigrants who fail to comply with the terms of their status may be charged as removable. Examples include:
- Working without authorization
- Failing to maintain student enrollment requirements
- Violating the conditions of a temporary visa
Even technical violations can result in formal proceedings before an immigration judge.
Prior Removal Orders
Individuals who reenter the United States after a prior removal order may face reinstatement of removal. Reinstatement can significantly limit available forms of relief and may lead to expedited removal unless protection based claims are raised.
Understanding the exact ground of removability charged in your Notice to Appear is critical. The defense strategy depends on the specific statutory allegations and the evidence the government intends to present.
How to Stop Removal Proceedings
If you are in removal proceedings, deportation is not automatic. Many individuals qualify for legal relief that allows them to remain in the United States. The type of relief available depends on your immigration history, family relationships, criminal record, length of residence, and risk of harm if returned to your home country.
Each form of relief has strict statutory requirements. The burden is on the applicant to prove eligibility before the immigration judge.
Below are the most common forms of relief from removal.
Asylum
Immigrants who have suffered persecution or have fear of persecution if returned to their home country may qualify for asylum in some instances. The harm must be connected to one of five protected grounds: race, religion, nationality, political opinion, or even membership of a particular social group. Asylum applications generally must be filed within one year of arrival, although exceptions may apply. If granted, asylum can lead to lawful permanent residence after one year.
Cancellation of Removal
Immigrants who have resided in the United States for a specified period (typically 10 years or more) and can demonstrate a continuous physical presence, good moral character, and proof of exceptional and extremely unusual hardship to themselves or qualifying relatives if removed may qualify for a Cancellation of Removal.
Adjustment of Status
Immigrants with approved petitions, such as immediate relatives of United States citizens or employment-based immigrants may seek an adjustment of status as a form of relief from removal. This process is for individuals who are physically present in the United States. It allows them to apply for lawful permanent residence (green card) without having to return to their home country. Most applicants must have been inspected and admitted or paroled, though exceptions may apply. Immigrants seeking adjustment of status will need to fill out form I-485.
Temporary Protected Status
Temporary protected status is a benefit designated by the Department of Homeland Security. It allows individuals who are from countries facing ongoing armed conflict, natural disasters, or other extraordinary conditions to live and work in the United States temporarily. It provides deportation protection and work authorization, but it does not lead to permanent residency. Applicants must show continuous physical presence in the United States, pay fees, and register during designated periods.
Withholding of Removal
Similar to asylum, withholding of removal provides protection from deportation to immigrants who can demonstrate a clear probability of persecution in their home country. Unlike asylum, withholding of removal does not offer a pathway to lawful permanent residency or citizenship, but provides temporary protection from removal.
Protection Under the Convention Against Torture (CAT)
Immigrants who can establish that they are more likely than not to be tortured if removed to their home country may be eligible for protection under the CAT. This form of relief is available regardless of the immigrant’s immigration status and offers protection from deportation to countries where torture is likely.
Deferred Action for Childhood Arrivals (DACA)
Deferred Action for Childhood Arrivals, or DACA, is a United States policy issued in 2012 that protects eligible undocumented youth from deportation and provides renewable 2-year work permits. To qualify, applicants must have entered the United States before age 16, resided continuously since 2007, and pass background checks. Program availability is subject to ongoing federal court litigation.
Voluntary Departure
In some cases, immigrants facing removal may choose to voluntarily depart the United States instead of undergoing formal deportation proceedings. Voluntary departure allows individuals to leave the country within a specified timeframe, avoiding penalties associated with deportation.
U Visa and VAWA
Victims of domestic violence or certain qualifying crimes may be eligible for humanitarian relief under the U Visa or the Violence Against Women Act. The Violence Against Women Act allows certain abused spouses, parents, and children of U.S. citizens or lawful permanent residents to self petition for status without the abuser’s involvement.
U visas are available to victims of qualifying crimes who assist law enforcement in the investigation or prosecution of the crime. Both forms of relief can provide protection from removal and a pathway to permanent residence.
Waiver of Inadmissibility
A waiver of inadmissibility may be an option if immigrants are facing removal due to unlawful presence, criminal history, or other immigration violations. This legal remedy allows certain individuals to request forgiveness for their inadmissibility, particularly if their removal would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident family member.
Relief from removal is highly fact specific. Determining which form of relief applies requires careful review of immigration history, prior entries, criminal records, family relationships, and supporting evidence.
What If the Immigration Judge Denies Relief?
If an immigration judge denies relief, you may have the right to appeal the decision to the Board of Immigration Appeals. In most cases, the appeal must be filed within 30 days of the judge’s decision. If no appeal is filed on time, the removal order becomes final.
An appeal does not involve a new trial. The Board of Immigration Appeals reviews the immigration judge’s legal conclusions, factual findings, and application of the law. The Board may:
- Dismiss the appeal and uphold the removal order
- Sustain the appeal and reverse the decision
- Remand the case back to the immigration judge for further proceedings
The appeal process requires written legal briefing. Success often depends on identifying legal errors, improper credibility findings, misapplication of statutory standards, or procedural violations.
Appeals to the Federal Court
If the Board of Immigration Appeals denies the case, further review may be available in the appropriate United States Court of Appeals. For cases arising in Illinois, that court is the Seventh Circuit.
Federal court review focuses primarily on legal and constitutional issues. Strict filing deadlines apply. Missing a deadline can permanently forfeit the right to review.
Motions to Reopen or Reconsider
In some circumstances, a case may be reopened after a final order of removal.
A motion to reopen is typically based on new facts or new evidence that was not previously available. A motion to reconsider argues that the court made a legal error in its prior decision.
These motions are subject to strict time and numerical limitations, although certain exceptions may apply in asylum and protection based cases.
Stays of Removal
Filing an appeal or motion does not automatically prevent removal in every situation. A stay of removal may be required to prevent enforcement of the order while review is pending.
The availability of a stay depends on the type of filing and the procedural posture of the case.
A denial of relief does not always mean the end of the case. However, the time to act is limited. Appellate strategy requires a detailed review of the immigration court record, transcripts, and legal findings.
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Frequently Asked Questions About Removal Proceedings
Is removal the same as deportation?
Yes. Removal is the modern legal term for deportation. The term removal replaced deportation in federal immigration law in 1996. Both refer to the legal process through which the government orders a noncitizen to leave the United States.
What happens after a final order of removal?
After a final order of removal, the government may detain and physically remove the individual from the United States. A final order also triggers reentry bars that can last 5, 10, 20 years, or permanently, depending on the circumstances. In some cases, a person may seek a stay of removal, file a motion to reopen, or pursue limited forms of post order relief.
Can I apply for a green card while in removal proceedings?
Yes, in some cases. An immigration judge may have authority to decide an adjustment of status application if the person is eligible and a visa is available. Eligibility depends on lawful admission or parole, an approved petition, and admissibility. Some individuals may require waivers before adjustment can be granted.
Will marrying a U.S. citizen stop my deportation?
No. Marriage to a U.S. citizen does not automatically stop removal proceedings. However, it may create eligibility to apply for adjustment of status if the marriage is bona fide and the individual is otherwise admissible. The immigration court must still approve the application.
How long do removal proceedings take?
Removal proceedings can take months or several years, depending on the immigration court’s backlog, the type of relief requested, and the complexity of the case. Cases involving asylum, cancellation of removal, or criminal history often require multiple hearings and extensive documentation.
Can a lawful permanent resident be deported?
Yes. Lawful permanent residents can be placed in removal proceedings for certain criminal convictions, fraud, abandonment of residency, or other statutory violations. The government must still prove removability, and some permanent residents may qualify for cancellation of removal or other relief.
Do I need a lawyer for removal proceedings?
You are not required to have a lawyer, but removal proceedings are adversarial court cases. The government is represented by a trained trial attorney. Immigration law is complex, and relief applications require detailed evidence and legal argument. Legal representation can significantly affect the outcome of a case.