Removal Defense Case Management Software

About Removal Defense

Removal defense covers cases before the Immigration Courts and the Board of Immigration Appeals, both part of the Executive Office for Immigration Review (EOIR). Proceedings usually start when DHS files a Notice to Appear, and an Immigration Judge decides whether the respondent is removable and whether any relief applies.

Common forms of relief include cancellation of removal, asylum, withholding of removal and CAT protection, and adjustment of status before the judge. Detained respondents may ask for a bond redetermination. After a decision, parties may appeal to the Board or file motions to reopen or reconsider, each with strict deadlines.

Filings follow the Immigration Court Practice Manual and the BIA Practice Manual, which set rules for formatting, pagination, proof of service and filing deadlines.

Clients This Case Type Helps

• Respondents served with a Notice to Appear
• Detained people seeking release on bond
• Long-term residents facing removal, with U.S. citizen or LPR family
• People fleeing persecution who are in removal proceedings
• Permanent residents charged as removable after a conviction
• People with a final order who have new facts or new relief

Main Case Categories

• Cancellation of removal: Form EOIR-42A for certain permanent residents and Form EOIR-42B for certain nonpermanent residents.
• Defensive asylum: Form I-589 filed with the Immigration Court, which also covers withholding of removal and CAT protection.
• Bond: DHS sets the initial bond and, on request, an Immigration Judge may redetermine it, except for groups outside the judge's jurisdiction.
• Adjustment of status: the Immigration Judge has jurisdiction over most adjustment applications of people in removal proceedings.
• Motions: a motion to reopen is generally due within 90 days of a final order, and a motion to reconsider within 30 days.
• BIA appeals: Form EOIR-26 must be received by the Board within 30 calendar days of the Immigration Judge's decision.

Consultation Screening Questions

1. Have you received a Notice to Appear, a hearing notice or a court order? What dates and court are shown?
2. Are you detained now? If so, where, and has DHS set a bond amount?
3. When and how did you last enter the United States, and were you inspected, admitted or paroled?
4. Have you ever been arrested, charged or convicted of any offense, in the United States or abroad?
5. Have you ever missed a hearing, been ordered removed or left the United States after an order?
6. Do you have a U.S. citizen or permanent resident spouse, parent or child?
7. Do you fear harm if returned to your country? When did you arrive, and have you applied for asylum before?
8. Has anyone filed a petition for you, such as Form I-130 or I-140, and what is its status?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.