Florida Deportation and Removal Defense Lawyer

Being placed in removal proceedings is one of the most stressful experiences a person and their family can face. The good news is that being in immigration court does not mean your case is over. Many people who are placed in proceedings are eligible for relief that allows them to stay in the United States. At the Law Offices of Albert Goodwin, we defend people in removal proceedings before the immigration courts in Florida and across the country. Because immigration is federal law, we can assist clients throughout Florida, anywhere in the United States, and abroad.

This page explains how removal proceedings work, what forms of relief may be available, and why it is so important to act quickly and never miss a court date. If you or a loved one has received immigration paperwork or has been detained, you can reach our Coral Gables office at 786-522-1411.

How Removal Proceedings Begin: The Notice to Appear

Removal proceedings almost always start with a document called the Notice to Appear, often abbreviated as the NTA. The Department of Homeland Security issues this charging document to inform a person that the government believes they are removable from the United States. The Notice to Appear lists the factual allegations against you and the specific sections of immigration law the government claims you have violated.

It is important to read the Notice to Appear carefully. Sometimes the allegations are inaccurate, the charges are legally questionable, or the document itself has defects that a lawyer can challenge. Once the Notice to Appear is filed with the court, your case is assigned to an immigration judge, and you will be scheduled for hearings.

The Immigration Court Process in Florida

Immigration courts are part of the Executive Office for Immigration Review, known as EOIR. These are administrative courts run by the Department of Justice, separate from the criminal court system. Florida has immigration courts in Miami and Orlando, and many cases for people living in South Florida are heard in Miami. Detained cases are often handled through dedicated dockets.

Master Calendar Hearings

The first hearings in a removal case are called master calendar hearings. These are short, scheduling-type hearings where the judge confirms your identity, reviews the charges, and asks how you intend to respond. At a master calendar hearing, your attorney can admit or deny the allegations, contest the charges, and tell the court what form of relief you plan to apply for. Deadlines for filing applications are usually set at these hearings.

Individual Merits Hearings

If you are applying for relief, the judge will schedule an individual hearing, sometimes called a merits hearing. This is the trial stage of your case. You and your witnesses may testify, documents and evidence are presented, and the government attorney has a chance to question you. The judge then decides whether to grant the relief you requested. Thorough preparation for this hearing is critical, and it is where having experienced counsel often makes the greatest difference.

Forms of Relief From Removal

There are several legal avenues that may allow you to remain in the United States. Which one applies depends on your immigration history, your family ties, your country conditions, and many other factors. Common forms of relief include the following.

• Cancellation of removal for lawful permanent residents. A green card holder may qualify if they have held permanent residence for at least five years, have lived continuously in the United States for at least seven years, and have not been convicted of an aggravated felony.
• Cancellation of removal for non-permanent residents. Someone without a green card may qualify if they have at least ten years of continuous physical presence, good moral character, and can show that removal would cause exceptional and extremely unusual hardship to a qualifying spouse, parent, or child who is a citizen or permanent resident.
• Asylum, withholding of removal, and protection under the Convention Against Torture. These protections are available to people who fear persecution or torture if returned to their home country. You can learn more on our asylum lawyer page.
• Adjustment of status. Some people in proceedings can become permanent residents through a family petition or other path. See our adjustment of status lawyer and green card lawyer pages, as well as our family-based immigration information.
• Waivers. Various waivers, such as those under section 212(h) for certain criminal grounds and other provisions, can forgive grounds of inadmissibility or removability when the legal requirements are met.
• Voluntary departure. When other relief is not available, leaving voluntarily by a deadline set by the judge can help a person avoid the harsher consequences of a formal removal order and may protect future immigration options.

We review every possible form of relief at the start of a case, because the right strategy is not always obvious and sometimes more than one option applies.

Bond and Detention

If you or a loved one is detained by immigration authorities, you may be eligible for a bond hearing. At a bond hearing, the immigration judge decides whether the person can be released from custody while their case continues and, if so, how much bond must be paid. The judge generally considers whether the person is a danger to the community and whether they are a flight risk. Presenting strong evidence of community and family ties, a stable address, and a clean record can make a real difference. Not everyone is eligible for bond, and a lawyer can evaluate whether a bond request is possible in your situation.

Appeals to the Board of Immigration Appeals

If an immigration judge denies your case, the decision is usually not the end. You generally have thirty days to appeal to the Board of Immigration Appeals, known as the BIA. The Board reviews the judge's decision for legal and factual errors. If the Board also rules against you, in many cases there is a further right to seek review in the federal court of appeals. Appeal deadlines are strict and are not extended, so it is important to act immediately if you receive an unfavorable decision.

The Danger of Missing a Hearing

One of the most serious mistakes a person can make is missing an immigration court date. If you fail to appear for a scheduled hearing, the judge can order you removed in your absence. This is called an in-absentia removal order, and it can be entered even though you were not present to defend yourself.

If you missed a hearing because you never received notice, because of a serious emergency, or for other limited reasons recognized by law, it may be possible to file a motion to reopen and ask the court to cancel the order and restart your case. These motions have strict deadlines and requirements. The far better course is to never miss a hearing in the first place. Always keep your address updated with the court, and contact a lawyer immediately if you cannot attend a scheduled date.

What to Do If You Receive a Notice to Appear

1. Do not ignore it. The proceedings move forward whether or not you participate.
2. Write down every hearing date and keep the document in a safe place.
3. Keep your address current with the immigration court and the Department of Homeland Security so you do not miss any notices.
4. Gather documents about your time in the United States, your family relationships, and your background.
5. Speak with an immigration attorney as early as possible so your defense can be prepared properly.

Frequently Asked Questions

Does being in removal proceedings mean I will be deported?

No. Many people in proceedings are eligible for relief that allows them to remain in the United States. Removal proceedings are the process through which your case is decided, and a knowledgeable defense can present every available option to the judge.

Which immigration court will hear my case in Florida?

Florida has immigration courts in Miami and Orlando. The court that handles your case depends on where you live and whether you are detained. Your Notice to Appear or hearing notice will indicate where you must appear, and we can confirm the correct location for you.

Can I get out of immigration detention?

In many cases, yes. A bond hearing gives the judge the opportunity to set a bond so the person can be released while the case continues. Eligibility depends on the individual's history and circumstances, which is why an early review of the facts is helpful.

What happens if I missed my court date?

Missing a hearing can result in an in-absentia removal order, but in some situations a motion to reopen may allow the case to be restarted. Deadlines are short, so you should contact a lawyer right away if you believe a hearing was missed.

If you or someone you love is facing removal, do not wait to get help. The Law Offices of Albert Goodwin defends clients in immigration court throughout Florida and nationwide from our office in Coral Gables. Call us at 786-522-1411, email email@floridaimmigrationlawoffice.com, or visit our contact us page to discuss your case and your options.