Deportation defense: asylum, ICE detention, removal orders

The deportation process, called removal proceedings, starts when DHS serves a Notice to Appear. A judge decides whether you can be removed and whether relief such as asylum applies. You then have 30 calendar days to appeal to the Board of Immigration Appeals. Merit Law LLP attorneys review each step.

Yes. A green card holder can face removal proceedings, for example after certain convictions or for fraud, but only a judge can order removal. Some residents can ask for cancellation of removal, which needs 5 years as a permanent resident, 7 years of continuous residence and no aggravated felony. An attorney reviews each case.

Sometimes, but a removal order usually bars return for a set time: 10 years for most people, 5 years if removed on arrival, 20 years after a second removal, and permanently after an aggravated felony (8 U.S.C. 1182(a)(9)(A)). Consent to reapply can allow an earlier return. Merit Law LLP attorneys review each case.

If you miss an immigration court date, the judge can order you removed in absentia. A motion to reopen is due within 180 days if exceptional circumstances caused the absence, or at any time without proper notice (INA 240(b)(5)(C)). Filing it stops removal until the judge decides. See in absentia orders.

You generally must file Form I-589 within one year of your last arrival in the U.S., unless changed or extraordinary circumstances apply. The principal applicant pays a $100 asylum fee at filing and $105 for each year the case is pending (October 2026). An attorney reviews whether an exception fits. See asylum.