Deportation Defense and Removal Proceedings Lawyer in NYC
Representing individuals and families in removal proceedings before the New York Immigration Court, the Board of Immigration Appeals, and the United States Court of Appeals for the Second Circuit.
Overview
What This Practice Covers — and Who Needs It
Removal proceedings — historically called deportation proceedings — are the formal legal process through which the U.S. government seeks to remove a noncitizen from the United States. The stakes are as serious as any in American law: a final order of removal separates families, disrupts established lives, and can bar re-entry to the United States for years or permanently. At the same time, removal proceedings are not automatic deportation. They are legal proceedings before an immigration judge, where the noncitizen has the right to contest removability, to apply for relief from removal, and to appeal adverse decisions.
Yazdi Law represents respondents in removal proceedings before the New York Immigration Court at 26 Federal Plaza, the Varick Street Immigration Court (which handles detained cases in the New York area), and other immigration courts as needed. Our practice covers master calendar hearings, bond hearings, individual (merits) hearings, motions practice (motions to terminate, suppress, reopen, and reconsider), Board of Immigration Appeals practice, and petitions for review in the United States Court of Appeals for the Second Circuit. Representation is available in English, Farsi, and Punjabi. If you or a family member has received a Notice to Appear, has a scheduled immigration court hearing, has been detained by ICE, or has received an adverse decision in immigration court, call (917) 565-7286 immediately. Deadlines in removal proceedings run fast.
Legal Foundation
The Legal Framework
Removal proceedings are governed by the Immigration and Nationality Act, federal regulations at 8 C.F.R. Parts 1003 and 1240, and extensive Supreme Court and Board of Immigration Appeals case law. Proceedings are conducted by the Executive Office for Immigration Review (EOIR), the Department of Justice agency that runs the immigration courts and the Board of Immigration Appeals. The Department of Homeland Security — typically through Immigration and Customs Enforcement’s Office of the Principal Legal Advisor — represents the government as prosecutor.
Notice to Appear and commencement of proceedings
Removal proceedings begin with DHS issuing a Notice to Appear (Form I-862) alleging grounds of removability under INA §§ 212 (inadmissibility) or 237 (deportability) (8 U.S.C. §§ 1182, 1227). The case is formally commenced when DHS files the NTA with the immigration court. Recent Supreme Court decisions — particularly Pereira v. Sessions (2018) and Niz-Chavez v. Garland (2021) — held that an NTA must include the time, date, and place of the initial hearing to have full legal effect, with important consequences for the ‘stop-time rule’ used to calculate eligibility for cancellation of removal. The BIA has further interpreted these decisions in Matter of Fernandes (28 I&N Dec. 605, BIA 2022) and subsequent decisions. Defective NTAs may support motions to terminate under certain conditions.
Forms of relief from removal
The defenses available in removal proceedings include: asylum, withholding of removal, and Convention Against Torture protection for those with well-founded fear of persecution or torture; cancellation of removal under INA § 240A for qualifying lawful permanent residents (Form EOIR-42A) or non-LPRs with ten years of continuous physical presence and qualifying relatives (Form EOIR-42B); adjustment of status under INA § 245 for those with qualifying family or employment-based petitions; waivers of inadmissibility under INA §§ 212(h), 212(i), or other provisions; voluntary departure under INA § 240B (which avoids the legal consequences of a removal order); and the U and T visas and VAWA self-petitions, which can be pursued as defenses in proceedings.
Cancellation of removal in detail
Non-LPR cancellation of removal under INA § 240A(b) requires ten years of continuous physical presence in the United States immediately preceding the application, good moral character during that period, no disqualifying criminal convictions, and proof that removal would cause ‘exceptional and extremely unusual hardship’ to a U.S. citizen or lawful permanent resident spouse, parent, or child. Congress caps approvals at 4,000 per fiscal year — a meaningful constraint that can delay issuance of final decisions and green cards. LPR cancellation under INA § 240A(a) requires seven years of continuous residence after lawful admission, five years as a lawful permanent resident, and no aggravated felony conviction. Both forms of cancellation are discretionary, requiring the immigration judge to find the applicant deserving.
Bond and detention
Noncitizens in removal proceedings may be detained by ICE pending adjudication. Some detention is mandatory under INA § 236(c) (for individuals with specified criminal histories or security concerns). Others are eligible for bond hearings under INA § 236(a), where the immigration judge evaluates flight risk and danger to the community. NYC-area detention frequently involves the Elizabeth Contract Detention Facility (NJ), the Orange County Jail (Goshen, NY), or other ICE-contracted facilities. Bond hearings are time-sensitive and often life-changing — release from detention materially improves the respondent’s ability to gather evidence, consult with counsel, and appear at subsequent hearings.
Appeals and federal review
Adverse decisions by an immigration judge can be appealed to the Board of Immigration Appeals within 30 days on Form EOIR-26 (current filing fee $1,030 as of March 2026). Under the EOIR interim final rule effective March 9, 2026, a simultaneous 20-day briefing schedule applies (with certain other rule provisions blocked by federal court injunction on March 8, 2026). BIA decisions can be further challenged by petition for review in the United States Court of Appeals for the Second Circuit under INA § 242 within 30 days. The REAL ID Act, § 106(c), vests exclusive jurisdiction over review of final orders of removal in the courts of appeals.
How It Works
The Process, Step by Step
Removal proceedings at Yazdi Law proceed through the stages below. Timelines vary substantially based on whether the respondent is detained, which immigration judge is assigned, the court’s docket, and the complexity of relief sought. Non-detained cases can extend over multiple years; detained cases typically move faster.
Notice to Appear review and urgent intervention
The first priority upon retention is to analyze the NTA — the specific charges under INA §§ 212 or 237, the alleged facts, and the procedural posture. Defective NTAs may support motions to terminate. If the respondent is detained, we evaluate bond eligibility and move to schedule a bond hearing immediately. If a hearing is imminent, we prepare for that hearing first. Time is rarely on the respondent’s side at the beginning of the case.
Master calendar hearings
Master calendar hearings are preliminary proceedings where the immigration judge takes pleadings to the NTA allegations, identifies the forms of relief the respondent will seek, and sets a schedule for filing applications and evidence. These hearings are short (often 15 minutes or less), but decisions made at them affect the entire case — including whether to concede or contest removability, which forms of relief to seek, and how to preserve appellate arguments. We appear at every master calendar hearing for our clients.
Relief applications and evidence
The forms of relief identified at master calendar are prepared and filed per the immigration court’s schedule. Applications for cancellation of removal use Form EOIR-42A or EOIR-42B (the EOIR-42B carries a $100 filing fee plus biometrics fee to DHS). Asylum applications use Form I-589. Adjustment applications use Form I-485. Each form of relief has its own evidentiary requirements — ten years of continuous presence documentation, hardship evidence, country conditions documentation, good moral character evidence, and more. Evidence development is the substantive work that determines case outcome.
Bond hearings
For detained respondents, we prepare and present bond hearings to establish lack of flight risk and community safety. Evidence includes family ties, employment history, community connections, clean criminal record (where applicable), affidavits from community members, and financial information. Bond amounts set by immigration judges vary widely. A successful bond hearing is often the single most consequential event in a detained case — it returns the respondent to their family and community while the case continues, and materially improves their ability to participate in their own defense.
Individual (merits) hearings
The individual hearing is the trial. The respondent and witnesses testify under oath. DHS counsel cross-examines. Documentary evidence is offered and argued. For cancellation of removal cases, the hearing typically runs 2 to 4 hours with focused testimony on ten-year presence, good moral character, and exceptional and extremely unusual hardship. For asylum cases, country conditions experts and trauma documentation may extend the hearing. We prepare clients for testimony through direct examination preparation, mock cross-examination, and careful documentary organization.
Decision and post-decision options
The immigration judge issues a decision — orally at the close of the hearing or by written decision — granting relief, ordering removal, or granting voluntary departure. Adverse decisions may be appealed to the BIA within 30 days. Favorable decisions may be appealed by DHS. Post-decision motion practice (motions to reopen, motions to reconsider) is sometimes available, with specific deadlines and grounds defined by 8 C.F.R. § 1003.23 and BIA case law.
BIA and Second Circuit appeals
Where BIA appeal is warranted, we file Form EOIR-26 within the 30-day window and prepare the appellate brief. Where the BIA denies relief, we evaluate petition for review in the Second Circuit under INA § 242. Rajan Kambo’s admission to the Second Circuit allows the firm to continue representation through federal appellate review — a capability many immigration firms lack, forcing clients to switch counsel at the most critical stage of their case.
Motions to reopen and recalendar
Cases previously closed (administratively closed, terminated, or subject to final orders) sometimes require renewed attention. DHS has in recent months filed substantial numbers of motions to recalendar administratively closed proceedings. Respondents whose cases were administratively closed years ago may find themselves back before an immigration judge. We handle these motions — both opposing DHS motions to recalendar and filing motions to reopen on behalf of respondents whose circumstances have changed or whose prior counsel provided ineffective assistance.
What to Watch For
Common Pitfalls and How We Avoid Them
Removal proceedings are procedurally unforgiving. The mistakes below come up regularly and frequently determine case outcomes.
Missing hearings
Failure to appear at a scheduled immigration court hearing without an approved motion to continue typically results in an in absentia order of removal under INA § 240(b)(5). Motions to reopen in absentia orders face strict grounds and time limits — generally exceptional circumstances demonstrated within 180 days, or lack of notice at any time. We calendar every hearing, monitor court notices, and handle address updates (Form EOIR-33) so no notice goes to an outdated address.
Not evaluating NTA defects
NTAs missing required information — time, date, or place of initial hearing — may support motions to terminate under the Pereira and Niz-Chavez line of cases and their BIA interpretations. Respondents whose counsel does not analyze NTA sufficiency can miss a dispositive defense. We review every NTA for defects at the outset of representation.
Waiving or conceding removability too quickly
At master calendar, respondents are asked to plead to the NTA allegations and concede or contest removability. Concessions made without careful analysis can eliminate defenses — contesting the alleged facts, for example, may be viable where concession would not be. We evaluate removability allegations against available evidence before making any concession.
Underestimating hardship evidence for cancellation cases
The ‘exceptional and extremely unusual hardship’ standard for non-LPR cancellation is far higher than ordinary hardship. Evidence of a qualifying relative’s severe medical condition, lack of available treatment in the country of removal, specific educational needs, particular psychological impact, or similarly heightened circumstances is typically required. We build hardship records carefully — medical records, expert evaluations, school documentation, country conditions research — rather than relying on general testimony alone.
Failing to preserve appellate arguments
Arguments not raised before the immigration judge are often deemed waived on appeal to the BIA and cannot be raised for the first time in the Second Circuit. Careful record-building at the immigration court stage — with appellate arguments in mind — is essential. We approach every evidentiary objection, every legal argument, and every motion with both immigration court outcomes and appellate preservation in mind.
Free Consultation
Facing removal proceedings or ICE detention? Deadlines run fast. Contact us immediately.
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Costs and What's Included
Removal defense cases at Yazdi Law are handled on fee structures set at the initial consultation and detailed in a written retainer agreement before any work begins. Specific fees depend on case complexity, the forms of relief sought, detention status, whether appellate review will be included, and the anticipated duration of proceedings. Cancellation of removal cases with multiple merits hearing days are priced differently from simple bond matters or post-decision motions.
EOIR filing fees are separate from attorney fees. Form EOIR-42B (non-LPR cancellation) carries a $100 filing fee plus a DHS biometrics fee. Form EOIR-42A (LPR cancellation) has no filing fee. Form I-589 (asylum) has no EOIR filing fee. Form EOIR-26 (BIA appeal) carries a $1,030 filing fee as of March 2026. Fee waivers may be available for qualifying respondents.
Representation typically includes complete NTA analysis, master calendar appearances, bond hearing preparation and representation (for detained cases), relief application preparation and filing, evidence development and organization, expert coordination where needed (country conditions experts, medical experts, hardship experts), merits hearing preparation including direct examination and mock cross-examination, representation at merits hearings, post-decision motion practice where appropriate, and — where included in the retainer — BIA appeals and Second Circuit petitions for review. Initial consultations are free.
FAQ
Frequently Asked Questions
I received a Notice to Appear. What do I do?
What is cancellation of removal and do I qualify?
My family member was detained by ICE. Can we get them out on bond?
My case was denied. Is there anything I can do?
Schedule a Consultation
If you have received a Notice to Appear, have a scheduled immigration court hearing, have been detained by ICE, have received an adverse decision from an immigration judge or the BIA, or have a family member facing any of these situations, call Yazdi Law at (917) 565-7286 or request a consultation online. Our Midtown Manhattan office is at 261 Madison Avenue, Suite 1035, two blocks from Grand Central Terminal. Initial consultations are free and confidential. Representation is available in English, Farsi, and Punjabi. Deadlines in removal proceedings run fast — the sooner an attorney is involved, the more options are available.
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Disclaimer: The information on this page is for general informational purposes and does not constitute legal advice. Immigration statutes, EOIR procedures, filing fees, and deadlines change frequently and reflect information as of the date of publication. Every case is unique; prior results do not guarantee a similar outcome; and outcomes depend on specific facts and circumstances. Contacting Yazdi Law does not create an attorney-client relationship. Attorney Advertising.