One thing that is abundantly clear—immigrants need representation in immigration court. Most immigrants face removal proceedings without an attorney or authorized representative, and the outcomes with and without a representative are grossly disparate. With this publication, we hope to build the capacity of immigration practitioners to assist individuals in immigration court proceedings to provide more immigrants with a meaningful chance at justice.
Removal Defense: Defending Immigrants in Immigration Court is a quick reference to key issues in removal defense, with a focus on the practical questions that aren’t easily answered by combing the regulations and case law. This resource covers an overview of immigration proceedings, the grounds of inadmissibility and deportability, pleading to the Notice to Appear, trial practice tips, and a look at common forms of relief from removal, including cancellation of removal for both lawful permanent residents and non-residents, as well as asylum. The appendices include many helpful samples which provide a fuller understanding of what court practice looks like.
We’ve listened! Now in its second edition, Removal Defense now includes a new chapter dedicated to Motions to Reopen with sample materials, and expanded how-to section on attending a master calendar hearing. Of course, we have also provided legal updates throughout, including an up-to-date look at challenges to prolonged detention and the categorical approach used to analyze criminal convictions.