What is a Notice to Appear?

A Notice to Appear is the charging document that begins removal proceedings. It states the factual allegations and the legal grounds the government relies on.

Can I appeal an immigration judge's decision?

Yes. Decisions can generally be appealed to the Board of Immigration Appeals within a set deadline. Strict timing rules apply, so act quickly.

Do I have the right to a free attorney?

Immigration court does not provide a government-funded attorney, but you have the right to be represented by counsel at your own expense or through a nonprofit.

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Deportation Defense

Legal Review by J. Rivera, Immigration Attorney, J.D.ARDC: 0000000•Updated Jun 25, 2026

Deportation defense covers the strategies used to help a person remain in the United States when the government seeks removal in immigration court. Cases proceed before an immigration judge, where a respondent may contest the charges and apply for relief such as cancellation of removal, asylum, or adjustment of status. Acting early and attending all hearings is critical.

How removal proceedings begin

Removal proceedings usually start when the government issues a Notice to Appear that lists the charges against the person. The case is heard by an immigration judge within the Executive Office for Immigration Review.

Common forms of relief

Depending on the facts, a respondent may seek cancellation of removal, asylum or related protection, adjustment of status, or other waivers. Each form of relief has its own eligibility rules and evidence requirements.

Why hearings matter

Missing a hearing can result in an order of removal entered in your absence. Keeping your address current with the court and appearing on time protects your ability to present a defense.

Frequently Asked Questions

Editorial TeamImmigration Content Team

The editorial team researches and writes plain-language immigration information, drawing on official government sources and reviewing each page for clarity and accuracy.

Sources & Citations

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