Removal Defense

If you or a family member has received a Notice to Appear or is already in removal proceedings, you don't have to face immigration court alone. Attorney Sevinj Jafarova represents immigrants in Chicago and nationwide in removal (deportation) defense — helping clients understand the grounds alleged against them, identify possible relief, and build the strongest case to remain in the United States. Deportation proceedings can feel overwhelming, but you have rights and options. The sooner you speak with a removal defense attorney, the more time your legal team has to prepare.

What Is Removal (Deportation) Defense?

Removal defense refers to the legal strategies used to prevent a noncitizen from being deported from the United States. Proceedings begin when the Department of Homeland Security (DHS) issues a Notice to Appear and end with a decision from an immigration judge — either allowing the person to remain, granting a form of relief, or ordering removal. The right defense strategy depends on the grounds alleged, the person's immigration history, and what relief they may qualify for.

Common Grounds for Removal

The U.S. government can seek to remove a noncitizen for a number of reasons, including:

• Entering the U.S. without inspection or admission (illegal entry)
• Violating the terms of a visa or other immigration status
• A criminal conviction, including certain misdemeanors and felonies
• Working without authorization
• Remaining in the U.S. after authorized status has expired (unlawful presence)
• Marriage fraud or other immigration fraud allegations
• Failing to appear for a prior immigration court hearing

If you've been accused of any of these grounds, it's important to speak with an attorney who can explain your rights and how to defend them.

How Removal Proceedings Work

Once DHS issues a Notice to Appear, the case is filed with the immigration court and moves through a series of hearings — starting with a master calendar hearing and, if the case is contested, an individual (merits) hearing where evidence and testimony are presented.

Building a case takes time, and that time can work in your favor: while the government prepares its case against you, your attorney is preparing yours — gathering evidence, identifying forms of relief, and preparing you to testify.

An immigration judge cannot order someone removed simply because DHS filed a Notice to Appear. The government bears the burden of proving removability, and every respondent has the right to contest the allegations, seek relief, and appeal an unfavorable decision.

Why Work With an Experienced Removal Defense Lawyer

An attorney who has represented clients in immigration court knows what evidence judges find persuasive and how to present a case clearly. No lawyer can guarantee an outcome — but skilled representation meaningfully improves your chances of remaining in the United States, whether through cancellation of removal, asylum, adjustment of status, a waiver, or another form of relief.

A motion to reopen asks the Executive Office for Immigration Review (EOIR) — the immigration courts and the Board of Immigration Appeals (BIA) — to reconsider a prior removal decision based on new facts that weren't available earlier.

This tool is frequently used to apply for relief for which a person didn't previously qualify, to raise new facts that could change the outcome, or to reopen a case in which someone was ordered removed in absentia (without a hearing) because they missed a court date. It can also matter in cases where a prior attorney failed to present important facts or made another significant error.

A motion to reopen generally must:

• Be filed within 90 days of the final removal order (exceptions can apply, including for in absentia orders and changed country conditions in asylum cases)
• Be the first motion to reopen filed by the respondent
• State material, previously unavailable facts, supported by affidavits and other evidence — including any new application for relief

If granted, a motion to reopen can give you the opportunity to present a case you previously lost — including relief you may not have known you qualified for.