Understanding Deportation and Removal Proceedings
Updated February 2026 | By Law Office of Miguel Palmeiro | Estimated reading time: 11 minutes
Receiving a Notice to Appear (NTA) from the Department of Homeland Security is one of the most frightening experiences an immigrant can face. This document initiates removal proceedings — the formal legal process through which the U.S. government seeks to deport a noncitizen from the country. Whether you are a long-term resident who made a mistake, an asylum seeker, or someone whose immigration status has lapsed, understanding your rights and legal options is the critical first step toward protecting yourself and your family.
At the Law Office of Miguel Palmeiro in Arlington, Virginia, we represent individuals facing deportation in immigration courts throughout Virginia, Maryland, and the Washington, D.C. area. This guide explains how removal proceedings work in 2026, what defenses may be available to you, and why having experienced legal representation can make the difference between remaining in the United States and being removed.
How Removal Proceedings Begin
Removal proceedings begin when the Department of Homeland Security (through Immigration and Customs Enforcement, or ICE, or Customs and Border Protection, or CBP) issues a Notice to Appear. This document charges you with being removable from the United States and lists the specific grounds — such as overstaying a visa, entering without inspection, or being convicted of a deportable criminal offense.
Once the NTA is filed with an immigration court, a judge is assigned to your case. You will receive a hearing date, which may be months or even years in the future due to the massive backlog in the immigration court system. As of early 2026, there are more than 4 million cases pending nationwide, with average wait times approaching 900 days or more in many jurisdictions.
Master Calendar Hearings vs. Individual Hearings
Removal proceedings typically involve two types of hearings. The master calendar hearing is an initial appearance where many respondents appear before the judge on the same day. At this hearing, the judge will confirm your identity, review the charges against you, and ask whether you admit or deny the allegations. If you have an attorney, your attorney can request additional time to prepare your case or identify the relief you plan to seek.
The individual hearing, also called a merits hearing, is where your case is actually decided. At this hearing, you and your attorney present evidence, call witnesses, and argue why you should be allowed to remain in the United States. The government attorney (trial attorney from ICE) will also present evidence and cross-examine your witnesses. The immigration judge then makes a decision, which can often be appealed.
Common Grounds for Deportation
Understanding why the government is seeking your removal is essential for building a defense. The most common grounds include overstaying a visa or violating the terms of your immigration status, entering the United States without inspection at an official port of entry, criminal convictions including crimes involving moral turpitude, aggravated felonies, controlled substance offenses, and domestic violence, fraud or misrepresentation in connection with an immigration application, and being present without lawful immigration status.
Defenses Against Removal
The good news is that being placed in removal proceedings does not automatically mean you will be deported. Depending on your circumstances, several forms of relief may be available.
Cancellation of Removal for Lawful Permanent Residents
If you are a green card holder facing deportation due to a criminal conviction, you may be eligible for cancellation of removal under Section 240A(a) of the Immigration and Nationality Act. To qualify, you must have been a lawful permanent resident for at least five years, have resided continuously in the United States for at least seven years after being admitted in any status, and not have been convicted of an aggravated felony. If granted, the removal order is cancelled and you keep your green card.
Cancellation of Removal for Non-Permanent Residents
If you do not have a green card but have been living in the United States for a long time, you may qualify for cancellation under Section 240A(b). This requires ten years of continuous physical presence in the United States, good moral character during that period, no disqualifying criminal convictions, and proof that your removal would cause exceptional and extremely unusual hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident — specifically a spouse, parent, or child.
The hardship standard is intentionally high. You must show hardship that goes far beyond the normal disruption that any family would experience from separation. Strong evidence often includes a qualifying relative’s serious medical conditions, educational needs of U.S. citizen children, financial dependence, and conditions in the country where you would be sent.
Asylum and Withholding of Removal
If you fear persecution in your home country based on your race, religion, nationality, political opinion, or membership in a particular social group, you may apply for asylum as a defense in removal proceedings. Unlike affirmative asylum applications filed with USCIS, defensive asylum claims are heard by the immigration judge. If asylum is not granted, you may still qualify for withholding of removal or protection under the Convention Against Torture if you can demonstrate a likelihood of persecution or torture upon return.
Voluntary Departure
In some cases, agreeing to leave the United States voluntarily may be the best strategic option. Voluntary departure allows you to leave on your own terms within a specified period rather than having a removal order entered against you. This is significant because a formal removal order carries a five-year or ten-year bar on returning to the United States, and reentry after a removal order is a federal crime. With voluntary departure, you avoid these consequences and preserve the possibility of returning legally in the future.
Adjustment of Status
If you have an approved immigrant visa petition — for example, through a U.S. citizen spouse or employer — you may be able to apply for a green card (adjustment of status) as a defense in removal proceedings. The immigration judge has jurisdiction to grant adjustment of status in many circumstances, which would resolve the removal case by granting you permanent residence.
Prosecutorial Discretion and Administrative Closure
In some cases, the government may agree to exercise prosecutorial discretion by dismissing or administratively closing your case. This typically happens when there are compelling humanitarian factors, when you have no criminal history, and when deporting you would not serve the government’s enforcement priorities. However, administrative closure has become less available in recent years, and cases that were previously closed have been recalendared in significant numbers during 2025 and 2026.
Motions to Terminate
Your attorney may be able to challenge the legal sufficiency of the NTA or the government’s case through procedural motions. If the NTA is defective — for example, if it lacks required information such as the date and time of the hearing — a motion to terminate the proceedings may succeed. Recent court decisions have created new procedural requirements for NTAs that experienced attorneys can leverage.
Key 2025-2026 Developments Affecting Removal Defense
Expanded Expedited Removal
In January 2025, the Department of Homeland Security expanded the use of expedited removal, which allows immigration officers to order deportation without a hearing before an immigration judge. This policy now applies to individuals who cannot prove they have been continuously present in the United States for at least two years and who are found anywhere in the country, not just near the border. If you are subject to expedited removal, your rights are significantly more limited, making it critical to consult an attorney immediately.
Shorter Appeal Deadlines
New rules from the Department of Justice have shortened the time available to appeal an unfavorable decision from an immigration judge to the Board of Immigration Appeals. Missing an appeal deadline means losing your right to challenge the judge’s decision, so prompt action is essential if you receive an unfavorable ruling.
Bond and Detention Changes
As of 2026, new ICE policies have expanded immigration detention and limited bond eligibility for certain categories of immigrants. If you or a family member is detained, understanding your bond options and acting quickly is critical. In many cases, a bond hearing before an immigration judge can result in release from detention while your case proceeds.
What to Do If You Receive a Notice to Appear
If you receive an NTA or learn that you are in removal proceedings, take these steps immediately. First, do not ignore the notice. Failing to appear at your hearing will result in an in absentia removal order, meaning the judge will order your deportation in your absence. Second, contact an experienced immigration attorney as soon as possible. The defenses available to you depend heavily on the specific facts of your case, and an attorney can identify options you may not know exist. Third, gather and preserve all documents related to your time in the United States, including tax returns, lease agreements, employment records, school records for your children, and any evidence of family ties to U.S. citizens or permanent residents. Fourth, do not sign any documents from immigration officials without first consulting an attorney, and exercise your right to remain silent if questioned by ICE agents.
The Importance of Legal Representation
Studies consistently show that immigrants with legal representation are far more likely to succeed in their removal cases than those who appear without an attorney. Immigration law is extraordinarily complex, immigration judges handle hundreds of cases, and the government is always represented by a trained attorney. Without your own legal advocate, you are at a severe disadvantage in understanding which defenses apply to you, meeting filing deadlines, presenting persuasive evidence, and navigating procedural rules.
Why Choose the Law Office of Miguel Palmeiro
Our firm has extensive experience representing individuals in removal proceedings before immigration courts in Arlington, Baltimore, and throughout the region. We handle cases involving criminal grounds of deportation, overstays, entry without inspection, and all forms of relief including cancellation of removal, asylum, and adjustment of status.
We understand the fear and uncertainty that comes with facing deportation, and we provide compassionate, aggressive representation at every stage of the process. Our staff speaks English, Spanish, Portuguese, and French, ensuring clear communication with clients from diverse backgrounds.
If you or a loved one has received a Notice to Appear or is facing any form of removal proceedings, contact us immediately at (703) 522-2427 for a consultation. Time is critical in deportation cases, and early legal intervention can significantly improve your chances. Our office is located at 3300 Fairfax Drive, Suite 222, Arlington, VA 22201, just steps from the Ballston-MU Metro station.
