Houston Deportation Defense Lawyer: Fighting to Protect Your Right to Stay
A Notice to Appear is one of the most frightening documents an immigrant can receive.
It means the US government has initiated formal proceedings to remove you from the United States, and that you have a limited amount of time to respond.
At Prosperity Immigration Law, our Houston deportation defense lawyers represent people in removal proceedings at every stage. From the initial bond hearing through the merits hearing and, if necessary, appeals to the Board of Immigration Appeals.
Contact us immediately if you or a family member has received a Notice to Appear.
Who Can Be Deported?
This is a fact that surprises many people: anyone who is not a US citizen can potentially face removal from the United States.
Green card holders, who are lawful permanent residents, are not immune.
Visa holders are not immune.
Even people who have lived in the United States for decades can be placed in removal proceedings under the right circumstances.
Under INA Section 237, common grounds for removal include:
- Entering the United States without authorization or in violation of the terms of a visa
- Overstaying a visa beyond the authorized period of admission
- Failing to maintain the status under which you were admitted (for example, a student who stops attending school)
- Certain criminal convictions, including some that might seem minor
- Fraudulent or misrepresented information on immigration applications
- Failure to notify USCIS of a change of address within 10 days
- Certain public charge grounds
The only way to become permanently safe from deportation is to become a naturalized US citizen.
The Removal Process: Step by Step
The Notice to Appear (NTA)
Removal proceedings begin when ICE or USCIS issues a Notice to Appear.
This is a document that charges you with being removable and notifies you that your case has been referred to an immigration court in Houston.
The NTA lists the factual allegations against you and the legal grounds for removal. It sets your first hearing date.
The Bond Hearing
If you have been detained by ICE, your first priority is getting released while your case proceeds.
An immigration judge can set a bond that allows you to remain out of detention while attending your hearings.
The amount and availability of bond depends on your flight risk, ties to the community, and criminal history.
An attorney can argue persuasively for a reasonable bond amount or for your release on your own recognizance.
The Master Calendar Hearing
The master calendar hearing is an administrative proceeding, typically brief, at which you appear before an immigration judge to address preliminary matters: whether you admit or deny the allegations in the NTA, which forms of relief you intend to seek, and scheduling for future hearings.
Appearing without an attorney at a master calendar hearing is risky: what you say or admit to at this stage can affect your entire case.
The Merits Hearing
The merits hearing is where your case is actually decided.
Your attorney presents the full argument for why you should be allowed to remain in the United States.
The government attorney argues for removal.
The judge weighs the evidence and arguments and issues a decision.
This is the most critical stage of removal proceedings, and the quality of your legal representation matters enormously.
Appeals
If the immigration judge orders removal, you may appeal to the Board of Immigration Appeals (BIA).
BIA appeals are primarily decided on written briefs, the ability to make a legally precise, persuasive written argument is essential.
If the BIA rules against you, further appeals may be available in federal circuit court.
Defenses Against Removal
Being placed in removal proceedings does not mean removal is inevitable.
Depending on your specific situation, one or more of the following defenses or forms of relief may be available:
Expedited Removal
Expedited removal is a separate process, faster and with fewer procedural protections, that applies in specific circumstances.
Generally, it applies to individuals who are apprehended near the border within a short time of entry, or who lack valid documentation at a port of entry.
Even under expedited removal, an individual who expresses a fear of return must be referred to an asylum officer for a credible fear screening.
Passing that screening, and the right to request it, is something an attorney can help you understand and assert.
Why Work With Prosperity Immigration Law
What Our Clients Say
Frequently Asked Questions
A Notice to Appear is the document that officially starts removal proceedings. It explains why the government believes a person is removable and provides information about the immigration court process and hearing dates.
An immigration judge may issue an in absentia removal order if you fail to appear without a valid reason. These orders are very difficult to overturn. If you missed a hearing, contact an attorney immediately to evaluate whether a motion to reopen is possible.
Do Not Wait. Every Day Matters in Removal Defense
Removal proceedings are adversarial.
The government has an attorney arguing for your removal.
The immigration judge does not represent you.
The process is governed by complex rules that most people, and most attorneys without immigration experience, have never encountered.
The earlier you have legal representation in removal proceedings, the more options are available to you. Waiting costs you time and potentially closes doors that would otherwise be open.
We understand how overwhelming and urgent deportation cases can feel, especially when detention, family separation, or prior immigration issues are involved. We proudly serve clients in English and Spanish and are available for urgent consultations.
If you or a family member is facing deportation proceedings, contact Prosperity Immigration Law as soon as possible to discuss your options.
Our Offices
Houston
7322 Southwest Fwy, Tower One, 4th Floor, Suite 470
Houston, TX 77074
(281) 545-3607
Harris County
21815 Oak Park Trails Dr,
Katy, TX 77450
(281) 801-5726
The Woodlands
282 Ed English Dr,
Shenandoah, TX 77385
(281) 949-7126
