How a defense is structured
A removal case usually moves from shorter master calendar hearings, where pleadings and scheduling happen, to an individual hearing where testimony and evidence are presented. The charges in the Notice to Appear can sometimes be contested, and who carries the burden on that question depends partly on how the person entered. Often the core of removal defense is an application for relief, such as asylum or cancellation of removal, each with its own standards and evidence. Some people are eligible for more than one form of relief, and the choice shapes what has to be proven. Voluntary departure or prosecutorial discretion may also come into the picture, depending on the facts.
Building the record
Collect every document you have from immigration agencies, including prior applications, approval and denial notices, and anything handed to you at the border or by ICE. Criminal court records, even for old or dismissed matters, need review, because their effect in immigration court often differs from their effect in criminal court. Evidence of your life here, such as tax returns, children's school records, medical records, and letters from people who know you, may matter depending on the relief sought. Keep your address current with the immigration court, because hearing notices go to the address on file. If you are detained, a family member can usually start gathering these papers.
Decisions for the first meeting
We look at the Notice to Appear, your full history, and which forms of relief may be available. We talk about filing deadlines that may already be running, including the one that often applies to asylum. If someone is detained, we discuss whether a bond request is possible; who may ask a judge for bond has been contested recently, so the current rule has to be checked for each case. We also identify criminal or family court matters that need to be coordinated. You should come away with a plan for the next hearing and a candid sense of what the case will ask of you.
