Deportation Defense

A Notice to Appear (NTA) is the official document issued by the U.S. government that begins deportation, also called removal, proceedings. Receiving an NTA means the Department of Homeland Security (DHS) believes you are removable under U.S. immigration law and is requiring you to appear before an immigration judge. The document lists the legal allegations against you, the laws the government claims you violated, and the immigration court where your case will be heard.

An NTA is not a deportation order by itself. It is the starting point of a legal process. Many people panic when they receive one, but it is important to understand that this is your opportunity to defend yourself, challenge the government’s allegations, and apply for relief that may allow you to remain in the United States. Ignoring an NTA or failing to appear in court, however, almost always results in an automatic removal order.

The NTA may be served in different ways. Some individuals receive it after an arrest or encounter with immigration authorities. Others receive it by mail following a denied application or prior immigration issue. The document should include a date and location for your first hearing, known as a master calendar hearing. Sometimes the date is listed as “to be determined,” and a separate notice will follow.

What makes the NTA especially serious is that immigration court is adversarial. The government will be represented by an attorney whose job is to argue that you should be removed. The immigration judge is neutral and decides the case based on the law and evidence presented. Unlike criminal court, immigration court does not provide a public defender, and the rules are complex.

Receiving an NTA is a critical moment. Decisions made early—such as how you respond to the allegations, whether you request relief, and how you present your case—can shape the outcome. At Trujillo Law Group, we help clients understand exactly what the NTA means, what the government is alleging, and what options may be available to fight removal. Acting quickly and strategically is essential once removal proceedings begin.

Immigration court proceedings follow a structured but unfamiliar process for most people. The case typically begins with a master calendar hearing, which is a short procedural hearing where the judge confirms the charges listed in the Notice to Appear, asks how you wish to respond, and determines what forms of relief you may pursue. This hearing is not where the full case is decided, but it sets the direction for everything that follows.

At the master calendar hearing, the judge will ask whether you admit or deny the allegations and whether you concede removability. These decisions matter greatly. Admitting allegations without understanding their consequences can eliminate potential defenses. The judge may then set deadlines for filing applications for relief and schedule an individual hearing, which is where testimony and evidence are presented.

The individual hearing is similar to a trial. You may testify under oath, present documents, and call witnesses. The government attorney can cross-examine you and challenge your evidence. The judge evaluates credibility, legal eligibility, and whether the law allows relief in your case. Immigration court cases often involve detailed legal arguments and require strict compliance with filing deadlines and procedural rules.

Throughout the process, multiple hearings may occur. Delays are common, and cases can take months or years to resolve. During this time, your ability to work, travel, or remain with family may depend on court decisions and pending applications.

Immigration court is not designed to be intuitive. Mistakes—such as missing a filing deadline, failing to submit evidence properly, or misunderstanding the law—can lead to denial even in otherwise strong cases. At Trujillo Law Group, we guide clients through every stage of court proceedings, explaining what each hearing means, what preparation is required, and how to present the strongest possible defense.

In most cases, yes. Receiving an NTA does not mean you are immediately removed from the United States. Most individuals are allowed to remain in the U.S. while their removal case is pending in immigration court. However, remaining in the U.S. does not mean your status is secure. Your presence is conditional on complying with court requirements and attending all hearings.

Failing to appear for a scheduled hearing almost always results in an in-absentia removal order. This means the judge orders you deported without hearing your case. Once issued, these orders are difficult to undo. It is critical to attend every hearing and notify the court immediately if your address changes.

In some cases, DHS may detain individuals during removal proceedings, especially if there are criminal issues or prior removal orders. Detention adds complexity and urgency to the case, but relief may still be available. Bond hearings may allow some detained individuals to be released while their case continues.

Remaining in the U.S. during proceedings also does not automatically grant permission to work or travel. Work authorization depends on whether you apply for and qualify for a specific form of relief. Traveling outside the U.S. during proceedings is generally dangerous and should not be done without legal advice.

At Trujillo Law Group, we help clients understand what they are allowed to do while their case is pending, how to avoid triggering additional enforcement, and how to maintain stability for themselves and their families during this uncertain time.

Removal proceedings do not automatically lead to deportation. Many individuals qualify for defenses or forms of relief that allow them to remain in the United States legally. The availability of these defenses depends on immigration history, length of residence, family ties, criminal record, and fear of harm if returned to their home country.

Common forms of relief include Adjustment of Status, which allows eligible individuals to apply for a green card through a qualifying family or employment relationship; Cancellation of Removal, which may be available to individuals who have lived in the U.S. for many years and can show exceptional hardship to qualifying relatives; Asylum or withholding of removal for those facing persecution; and protection under the Convention Against Torture.

Other defenses may include waivers for certain immigration violations, motions to terminate proceedings due to legal defects in the case, or relief based on prior lawful status. Some individuals may also qualify for voluntary departure, which avoids a formal removal order but still requires careful consideration.

Each defense has strict legal requirements and burdens of proof. Immigration judges do not grant relief automatically, and evidence must be carefully prepared. At Trujillo Law Group, we evaluate every possible defense, explain which options are realistic, and develop a strategy tailored to the client’s circumstances.

Yes. Criminal charges and convictions can have a significant impact on deportation cases. Immigration law treats certain crimes differently than criminal law, and even minor offenses can trigger serious immigration consequences depending on how they are classified.

Some convictions make individuals removable, others make them ineligible for relief, and some permanently bar certain defenses. The timing of the offense, the specific statute involved, and the sentence imposed all matter. Even dismissed charges or arrests can raise issues if they involve admissions or underlying conduct.

Because immigration consequences are often harsher than criminal penalties, coordination between criminal and immigration strategy is critical. Plea decisions made without understanding immigration law can eliminate defenses later.

At Trujillo Law Group, we carefully review criminal records and explain how they affect removability and relief eligibility. Honest assessment is essential—hiding or minimizing criminal history almost always harms a case.

Cancellation of removal is a form of relief that allows certain individuals in removal proceedings to obtain lawful permanent residence or remain in the U.S. if they meet strict requirements. There are separate standards for lawful permanent residents and non-permanent residents.

For non-permanent residents, eligibility generally requires at least ten years of continuous physical presence in the U.S., good moral character, no disqualifying criminal convictions, and proof that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or permanent resident relative.

This is a high legal standard. Ordinary hardship is not enough. Judges examine medical issues, educational needs, country conditions, and family dependency in detail. Cancellation cases are evidence-heavy and require careful preparation.

At Trujillo Law Group, we help clients understand whether cancellation is realistic and prepare the strongest possible case when it is.

Yes. Many individuals apply for asylum defensively while in removal proceedings. Defensive asylum cases are presented before an immigration judge rather than USCIS.

The legal standards are the same, but the process is more adversarial. Applicants must testify in court and may be cross-examined by government attorneys. Credibility and consistency are critical.

We help clients prepare for defensive asylum cases with careful attention to evidence, testimony, and legal arguments.

Missing a court date almost always results in an automatic removal order. These orders are extremely difficult to reopen and can lead to immediate enforcement.

If a hearing is missed due to extraordinary circumstances, action must be taken quickly. Waiting too long can permanently eliminate options.

We stress attendance, tracking notices, and immediate response to any scheduling issues.

In many cases, yes. Appeals may be filed with the Board of Immigration Appeals, but strict deadlines apply. Appeals must be based on legal or procedural error—not disagreement with the judge’s decision.

Appeals are complex and require strong legal argument. We help clients evaluate whether appeal is appropriate and realistic.