Immigration Removal Defense

Removal defense involves representing and advocating for immigrants facing deportation from the United States. For many immigrants facing removal from the United States, the process involves appearing before an immigration judge in immigration court. Most immigrants cannot afford to have an attorney represent them in court. Sadly, legal representation is the single most important factor in determining whether someone will win or lose their case.

The Immigrant Legal Resource Center (ILRC) builds the capacity of practitioners to represent clients in immigration court proceedings. As national experts in immigration law, the ILRC publishes a hands-on comprehensive manual, Removal Defense: Defending Immigrants in Immigration Court, and offers trainings on this topic. We also support practitioners and pro bono attorneys in their specific cases through our Attorney of the Day (AOD) technical assistance service.

Latest in Removal Defense

California Sentences and Immigration

11/20/2020

In some cases, the amount of an imposed, potential, or served criminal sentence can determine the outcome of the immigration case. The law governing how state sentencing dispositions affect immigration penalties is fast-changing. The good news is that an informed defender often can structure a sentence that gives the prosecution what they require, while avoiding immigration penalties. An informed...

ILRC Files Comment on Proposed EOIR Limited Representation Rule

11/05/2020

On October 30, 2020, ILRC filed a comment opposing an EOIR proposed rule that would have a substantial negative impact on legal orientation programs operated by non-profit immigration legal services programs. Much of the impact will be from the way the regulation redefines key terms: First, by broadening the scope of legal “practice,” the proposed rule would require non-representative providers...

The Asylum Transit Ban after CAIR Coalition v. Trump: Obtaining Relief in Asylum Transit Ban Cases

10/20/2020

On June 30, 2020, the Third Country Asylum Rule, or asylum transit ban, was found unlawful and struck down nationwide in CAIR Coalition v. Trump . This advisory discusses the asylum transit ban, the CAIR Coalition decision, and possible strategies for people who have been denied under the ban to reopen their cases and receive asylum.

ILRC Comments re EOIR Appellate Procedure Regulations

09/30/2020

On September 25, ILRC submitted comments in opposition to EOIR's proposed rule regarding court procedures. The proposed rule is an unlawful attempt to curb Immigration Judges’ authority, limit case review, and drastically restrict due process for immigrants. The rule undermines the appellate process and curtails the efficient adjudication of the courts.

A Step By Step Guide To Completing FOIA Requests With DHS

09/08/2020

A FOIA request can be an invaluable tool in immigration law to help an immigrant and her representative. This guide details how to complete a FOIA request for USCIS, ICE, OBIM, and CBP. It provides step-by-step instructions on how to complete Form G-639 and also also includes tips about alternatives to Form G-639, such as online submission options.

Removal Defense