EN 
ES Removal & Deportation Defense
Facing deportation or detention is a stressful and urgent situation that impacts not only the individual, but entire families.
At Z&W Law Firm, we understand the emotional and practical challenges of having a loved one in detention. Our dedicated team fights tirelessly to defend their rights and keep families together.
What Is Removal & Deportation Defense?
Removal and deportation defense is the legal process of fighting against the U.S. government’s efforts to deport a non-citizen from the country. This type of defense involves representing individuals in immigration court, challenging removal orders, and applying for relief options such as asylum, cancellation of removal, or adjustment of status. The goal is to protect your right to stay in the United States and avoid separation from your family and community.
Family-based immigration allows U.S. citizens and lawful permanent residents to sponsor certain relatives to come and live in the United States. This process is designed to reunite families by providing legal pathways for spouses, children, parents, and siblings—depending on the petitioner’s status and relationship. It’s one of the most common ways to obtain lawful residency in the U.S.
Removal & Deportation Defense Services
Bond Hearings
We represent detained individuals in immigration court bond hearings to request their release
A bond hearing is a proceeding before an Immigration Judge where a detained
noncitizen can request release by posting a monetary bond, as long as they are eligible
for bond review under 8 C.F.R. § 1003.19.
Bond hearings are available whether or not removal proceedings (a Notice to Appear)
have begun; a request can be made orally, or in writing.
The Judge evaluates three main factors: eligibility, danger to the public, and flight risk.
Bond amounts typically start at $1,500 and have no upper limit.
There is no filing fee, and detainees may request a one-time hearing unless their
circumstances materially change.
Who is eligible for a bond hearing?
Individuals detained by ICE are generally eligible unless subject to mandatory detention (e.g., due to certain criminal convictions or entry without inspection). They must show they’re neither a danger nor likely to flee.
How do I request a bond hearing?
You can request one orally at your initial hearing, in writing to the Immigration Court, or by notifying the judge by phone.
What factors does the judge consider?
Judges evaluate whether the detainee poses a threat to public safety, is likely to appear for future hearings, and eligibility based on case history and legal status.
What evidence should I bring?
Bring proof of U.S. ties (like family, employment, and residence), community support letters, rehabilitation evidence, proof of good moral character, ID documents, and details of relief eligibility.
Can I appeal or request another hearing?
Yes, either side can appeal to the Board of Immigration Appeals. A new bond hearing may be requested only if there are significant changes in circumstances since the last
decision.
Representation in Removal Proceedings
We defend individuals in deportation proceedings, fighting for relief and protection from removal.
We defend individuals in deportation proceedings, fighting for relief and protection from removal.
When a noncitizen faces removal proceedings before an Immigration Judge, they have the constitutional right to legal representation at their own expense. The government is not obliged to provide counsel for individuals facing deportation. A qualified attorney or accredited representative enters the case by filing Form EOIR-28, after which they can file motions, present evidence, examine witnesses, and argue relief such as asylum, cancellation of removal, or adjustment of status.
Effective representation includes case strategy, drafting legal briefs, preparing documentation, and advocating during individual and merits hearings. Counsel may also assist in bond hearings (to seek release) and ensure adherence to court deadlines and procedural safeguards.
Can I have a lawyer in removal proceedings?
Yes. The respondent has the right to be represented by a licensed attorney or EOIR-accredited representative— at their own cost. No public defender is provided.
How do I officially hire an attorney?
Your attorney must file Form EOIR-28 (Notice of Entry of Appearance) with the Immigration Court and serve a copy on DHS/ICE to be recognized as your legal representative.
What role does counsel play?
Counsel develops case strategy; files motions (e.g., to suppress evidence or reopen the case); presents evidence and witnesses; cross-examines DHS witnesses; and advocates for relief eligibility.
Is there a difference if I’m detained?
Yes. Detained respondents are at higher risk of removal without legal assistance. Counsel can seek bond hearings for release and must meet strict filing deadlines and procedural requirements.
Can I change or add counsel later?
Yes. The respondent may request a continuance and new EOIR-28 if switching attorneys. This must be done before or during a scheduled hearing.
Cancellation of Removal
We pursue cancellation of removal for qualifying clients with strong ties and long-term presence in the U.S.
Cancellation of Removal is a discretionary form of relief under INA § 240A that allows certain non-citizens facing removal to obtain lawful permanent residence and terminate proceedings. There are two main types of Cancellation:
- For Lawful Permanent Residents (LPRs) under 240A(a):
- LPRs must have held green card status for at least 5 years, lived in the U.S. continuously for 7 years after admission, and have no aggravated felony convictions.
- LPRs must have held green card status for at least 5 years, lived in the U.S. continuously for 7 years after admission, and have no aggravated felony convictions.
- For Non-LPRs (Undocumented) under 240A(b):
- Must show at least 10 years of continuous U.S. presence before the Notice to Appear,
- Good moral character,
- No disqualifying criminal record,
- And prove that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or LPR spouse, parent, or child .
A cap limits grants of non-LPR cancellation to 4,000 per fiscal year, often resulting in significant delays.
Who qualifies for cancellation of removal?
- LPRs need 5 years as a green card holder, 7 years continuous U.S. presence, and no aggravated felony.
- Non-LPRs must demonstrate 10 years of continuous presence, good moral character, no disqualifying criminal history, and severe hardship to a qualifying relative .
What is “continuous presence”?
For non-LPRs, it means physically living in the U.S. without a single absence over 90 days or multiple absences totaling over 180 days before the removal proceedings begin .
What qualifies as “exceptional and extremely unusual hardship”?
This is a higher standard than ordinary hardship, requiring serious medical, financial, or emotional damage to a qualifying relative—beyond typical family separation
Does cancellation guarantee a green card?
No. The judge weighs eligibility criteria and exercises discretion. Even if you meet the basic requirements, relief may be denied depending on case specifics .
How long is the wait for non-LPR cancellation?
Because of the 4,000-per-year limit, there is often a backlog. Approval timing varies based on fiscal allotment and court scheduling delays.
Motions to Reopen or Reconsider
If a removal order has been issued, a Motion to Reopen or Motion to Reconsider may provide a vital second chance.
This includes cases where a client missed a hearing, resulting in an in absentia removal order. Common reasons to reopen include:Missing a hearing due to serious illness, lack of proper notice, or other valid excuses; Newly discovered evidence or changed country conditions; Eligibility for a new form of immigration relief not previously available or known; Legal errors or misapplication of the law during the original hearing
While deadlines for filing a motion to reopen are generally 90 days after a final order or 180 days for in absentia orders (when you miss a hearing), there are important exceptions.
Our experienced attorneys have successfully reopened cases years after removal orders,
arguing exceptions such as lack of notice or changed circumstances.
What distinguishes a motion to reopen from a motion to reconsider?
- Reopen needs new, previously unavailable evidence.
- Reconsider addresses mistaken facts or legal errors using existing records.
What are the deadlines?
- Reconsider: 30 days from the decision
- Reopen: 90 days from the decision or 180 days for in absentia orders (when you miss a hearing),
Extensions are rarely granted, except for certain exceptions.
Can I file both together?
Yes, combined motions to reopen and reconsider are allowed. The adjudicator will assess each independently.
Does filing stop removal?
Generally, no. Filing a motion to reopen does not automatically stay removal proceedings, except when the motion seeks to reopen and rescind an in absentia order of removal. For all other types of motions, you must file a separate request for a stay of removal.
What causes denials?
Common reasons: lacking new evidence, missing legal authority, filing late, or filing from abroad after a voluntary departure
Appeals to the BIA
We handle appeals before the Board of Immigration Appeals to contest unfavorable immigration court decisions.
The Board of Immigration Appeals (BIA) is the primary administrative appellate body within the Executive Office for Immigration Review. It reviews decisions of Immigration Judges and select DHS decisions, with most BIA decisions subject to federal court review.
To initiate an appeal, the respondent (or attorney) must file Form EOIR-26 (Notice of Appeal) within 30 days of the Immigration Judge’s decision, attaching the judge’s decision and paying the required fee (currently $110), along with a certificate of service to DHS counsel.
BIA review is conducted on the record, typically without oral argument. The appeal must identify specific legal or factual errors made by the Immigration Judge. Vague or generic claims risk summary dismissal. The BIA applies standards of review addressing factual findings, credibility determinations, and legal conclusions.
A timely Notice of Appeal automatically stays the removal order, preventing removal during the appeal. Outcomes may include affirmance, reversal, remand, or referral to the Attorney General. Decisions are binding on all Immigration Judges and DHS personnel.
What is the deadline and fee to file a BIA appeal?
File Form EOIR-26 within 30 days of the IJ’s decision, include a $110 fee (bond appeals are fee-exempt), and provide proof of service to DHS counsel
Do I need a legal brief when filing the appeal?
No initial brief is required, but indicating intent to file one without submitting it may result in summary dismissal. A detailed brief strengthens the appeal and is highly recommended.
Can an appeal halt deportation?
Yes. Filing timely stays enforcement of the removal order until the BIA publishes a decision.
What issues should I raise on appeal?
Effective appeals challenge specific errors such as incorrect factual findings, improper credibility assessments, misapplied legal standards, or failure to follow procedure
What are possible outcomes of a BIA appeal?
The BIA may affirm, reverse, remand for further proceedings, or refer the case to the Attorney General. Most decisions are based on written review without oral argument.
Why Choose Z&W Law Firm?
Strategic and Personalized Legal Support
We tailor our approach to fit your specific situation and immigration goals.
Proven Experience Across All Immigration Matters
From family petitions to deportation defense, we bring proven expertise across every area of U.S. immigration law.
Multilingual and Culturally Sensitive Representation
We speak your language and understand your background, ensuring you feel heard, respected, and supported.
Strong Track Record and Experience with Complex Cases
We’re not afraid of challenges. Our team has successfully handled difficult cases with commitment and results.
Dreaming of a New Beginning
We’re here to make it happen
With expert legal guidance and a team that truly cares, your path to a better future starts today.
How to Schedule a Consultation
An easy process!
Contact Us
To request a consultation, complete our registration form or reach out to our team via WhatsApp at +1 (929) 994-1184 or email us at info@zwlawoffice.com.
Please let us know briefly what type of immigration help you're seeking.
Book Your Free Virtual Consultation
Your first consultation is completely free and will take place via Google Meet. The session lasts 30 minutes and allows us to understand your case and answer your initial questions.
If you prefer an in-person appointment, please note that a consultation fee will apply.
Prepare for Your Meeting
To make the most of your consultation, please have your immigration documents ready to share or bring with you.
After your appointment, you’ll receive a confirmation email with any next steps, including how to begin your case with our firm.
Your Questions
Answered
Do you take cases from clients outside New York?
Yes. Immigration law is federal, which allows us to represent clients in all 50 states and even those living outside the United States, depending on the nature of the case.
Is the first consultation free?
Yes. We offer a free 30-minute virtual consultation via Google Meet. In-person consultations may include a fee. We encourage clients to bring or upload immigration documents for a more accurate assessment.
Do you offer payment plans or financial assistance?
Yes. We’ve partnered with BYDCash, a financial company that offers loans of up to $15,000, even to clients without a Social Security number, to help cover legal and immigration-related costs.
Can you help with emergency cases or last-minute filings?
Yes. While we recommend planning ahead, we do accommodate urgent cases such as upcoming interviews, court hearings, or filing deadlines, subject to availability.
