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Removal Proceedings: Process and Legal Guidance

Removal proceedings, often called “deportation”, are governed by Section 240 of the Immigration and Nationality Act, codified at 8 U.S.C. § 1229a and implemented through regulations at 8 C.F.R. part 1240. These laws define how the government seeks to remove a noncitizen from the United States, and the procedures immigration judges must follow.

At Vargas Gonzalez Delombard, LLP, we do not personally litigate removal cases; we are more familiar with business issues associated with immigration. However, we work with attorneys who have experience in immigration law and specialize in deportation defense and related forms of relief.

Lawyers discussing immigration law cases of deportation and removal

What Is Deportation / Removal?

Removal is a civil process in which the Department of Homeland Security attempts to prove that a person is inadmissible or deportable under the INA. Grounds may include:

  • Visa overstays or unlawful presence
  • Certain criminal convictions
  • Alleged fraud or misrepresentation
  • Violations of status or conditions of stay

An immigration judge decides whether the government has met its burden and whether any relief (such as asylum, cancellation of removal, or adjustment of status) is available.

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How an Immigration Lawyer Helps

Through our referral partners, an experienced removal-defense attorney can:

  • Review your Notice to Appear (NTA) and assess the charges
  • Identify possible defenses or relief
  • Prepare evidence, witness testimony, and legal briefing
  • Represent you at master calendar and individual hearings
  • Seek bond or release where available

Our Role in Your Case

If you or someone you care about has received an NTA or is already in removal proceedings, contact us today. We will connect you quickly with an attorney who defends immigrants in immigration court every day. VGD can:

  1. Help you understand, in plain language, the civil and financial risks tied to your broader legal situation
  2. Connect you to removal-defense counsel in the jurisdictions where you must appear
  3. Coordinate with that counsel when immigration problems intersect with property, business, or insurance disputes
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