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Removal Proceedings — Shair Legal
Home Practice Areas Removal & Court Removal Proceedings
Removal & Court Defense
Removal Proceedings

Facing deportation? You need experienced legal representation immediately. Attorney Shair provides aggressive removal defense in immigration courts across the United States.

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If you received a Notice to Appear (NTA) or have an upcoming court date — contact Attorney Shair immediately. Missing a hearing results in an automatic removal order.
(877) 808-8666 — Call Now
Overview

Removal proceedings are the formal legal process by which the U.S. government seeks to deport a non-citizen from the United States. Initiated by the Department of Homeland Security (DHS) through a Notice to Appear (NTA), removal proceedings are heard before an immigration judge in the Executive Office for Immigration Review (EOIR).

Removal proceedings are among the most serious and time-sensitive matters in immigration law. The stakes are enormous — a final order of removal can result in mandatory departure from the United States, multi-year or permanent bars to returning, and separation from family, employment, and the life you have built here. Every decision, every deadline, and every hearing matters.

"In removal proceedings, time is the enemy. Attorney Shair responds immediately to every NTA, prepares exhaustively for every hearing, and fights aggressively at every stage to protect your right to remain in the United States."

Who May Face Removal Proceedings
Non-Citizens Charged with Deportability
Any non-citizen — including lawful permanent residents, visa holders, and undocumented individuals — who is charged by DHS with being removable under INA § 237 or inadmissible under INA § 212.
Lawful Permanent Residents (LPRs)
Green Card holders are not immune from removal. LPRs may be placed in removal proceedings for criminal convictions, fraud, or other grounds of deportability under INA § 237.
Visa Holders & Nonimmigrants
Individuals on H-1B, F-1, B-2, or other nonimmigrant visas who have violated their status, overstayed, or been convicted of a crime may be subject to removal proceedings.
Undocumented Individuals
Individuals who entered without inspection (EWI), overstayed a visa, or are otherwise present without authorization may be apprehended by ICE and placed in removal proceedings.
Individuals with Prior Orders of Removal
Those with existing or reinstated orders of removal — including individuals who were previously deported and re-entered — face urgent situations that require immediate legal action.
Asylum Seekers in Removal Proceedings
Many asylum seekers are placed in removal proceedings and must present their asylum claim as a defense before an immigration judge rather than through USCIS affirmative filing.
What to Expect — Step by Step
01
Receive Notice to Appear (NTA) — Contact an Attorney Immediately
A Notice to Appear (NTA) is the charging document that initiates removal proceedings. It lists the charges against you and includes your first court date. Do NOT ignore the NTA and do NOT appear in court without an attorney. Contact Attorney Shair immediately — missing a court date results in an automatic in absentia removal order.
⚠️ URGENT — call (877) 808-8666 now
02
Master Calendar Hearing
The first hearing before an immigration judge is called the Master Calendar Hearing (MCH). Attorney Shair enters his appearance with the court, contests or admits the allegations and charges in the NTA, identifies all applicable defenses and forms of relief, and receives a schedule for the individual merits hearing.
First court date on NTA
03
Case Strategy & Defense Development
Attorney Shair conducts a thorough review of your immigration history, criminal record (if any), family ties, length of residence, and all available relief options — including cancellation of removal, adjustment of status, asylum, withholding, CAT protection, and voluntary departure.
Weeks 1–8 after MCH
04
Evidence Gathering & Submission
Attorney Shair builds a complete evidentiary record for the individual merits hearing: proof of continuous U.S. presence, family ties, country conditions (for asylum), expert declarations, witness preparation, and personal declarations. Comprehensive pre-hearing briefs are filed with the court.
Weeks 4–16
05
Individual Merits Hearing
The full hearing before the immigration judge where Attorney Shair presents your case, examines witnesses, introduces evidence, and delivers opening and closing arguments. This is the most critical stage of the removal process — thorough preparation is everything.
Scheduled by court — varies widely
06
Decision, Appeal & Post-Order Relief
The immigration judge issues an oral or written decision. If granted relief, your status is protected. If denied, Attorney Shair immediately evaluates BIA appeal rights (30-day deadline), federal circuit court petitions for review, motions to reopen, and other post-order relief options.
At hearing or within weeks
Your Rights & Options
Right to an Attorney
You have the right to be represented by an attorney in immigration court — at your own expense. Having experienced counsel dramatically increases your chances of a successful outcome.
Multiple Forms of Relief Available
Even if you have been ordered removed, legal options remain — appeals, motions to reopen, asylum, cancellation of removal, adjustment of status, and withholding are all potential defenses Attorney Shair will evaluate.
BIA & Federal Court Appeals
A denial by an immigration judge is not the end. Attorney Shair aggressively pursues BIA appeals and federal circuit court petitions for review when warranted.
Bond Hearings
If you are detained by ICE, you may be entitled to a bond hearing before an immigration judge. Attorney Shair can request a bond hearing and argue for your release from custody.
Motions to Reopen
Even after a final order of removal, a motion to reopen (MTR) may be available if new evidence exists, changed country conditions exist, or if you were not properly notified of proceedings.
Voluntary Departure
In some cases, voluntary departure — leaving the U.S. voluntarily within a specified time — is preferable to a formal removal order and preserves future immigration eligibility.
Common Questions

Removal and deportation refer to the same thing — the forced departure of a non-citizen from the United States under an order issued by an immigration judge or reinstated by DHS. The modern legal term is 'removal,' which replaced 'deportation' under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). A removal order can have serious long-term consequences including multi-year or permanent bars to returning to the United States.

Yes. Lawful permanent residents can be placed in removal proceedings and deported if they are convicted of certain crimes (including aggravated felonies, crimes involving moral turpitude, drug offenses, and domestic violence crimes), committed fraud in obtaining their Green Card, abandoned their residence, or engaged in other deportable conduct under INA § 237. However, LPRs have significant rights in removal proceedings and may qualify for various forms of relief. Never assume a conviction will not affect your immigration status — consult Attorney Shair immediately.

An in absentia removal order is issued when a non-citizen fails to appear at a scheduled immigration court hearing. USCIS will attempt to notify you of your hearing through the NTA and subsequent notices — even if you did not receive them, the court may still issue an order against you. In absentia orders can sometimes be challenged through a motion to reopen if you can show you did not receive notice or that exceptional circumstances prevented your attendance. This is time-sensitive — contact Attorney Shair immediately.

The forms of relief available depend on your specific situation. Common forms include: Cancellation of Removal (10 years of continuous presence for non-LPRs; 5 years LPR status for LPRs); Asylum, Withholding of Removal, and CAT protection; Adjustment of Status (if an immigrant visa is available); Voluntary Departure; Waivers (I-601, I-601A, I-212); and Prosecutorial Discretion. Attorney Shair evaluates every available option before advising on strategy.

Why Choose Attorney Shair?

Removal proceedings move fast — hearings are scheduled, deadlines are strict, and a single missed appearance results in an automatic removal order. Attorney Shair has experience in both affirmative immigration applications and defensive representation in immigration court. He prepares exhaustively for every hearing, knows the applicable case law, and fights aggressively for every client facing the most serious immigration consequence — removal from the United States.

⚠️ Urgent? Call Now

If you have an NTA or upcoming court date, do not wait. Attorney Shair responds immediately.

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Critical Deadlines
NTA receivedContact attorney TODAY
In absentia order issued30 days to file MTR
BIA appeal deadline30 days from IJ decision
Federal court petition30 days from BIA
Key Forms
Notice of Appeal (BIA)EOIR-26
Cancellation of RemovalEOIR-42B
Motion to ReopenEOIR MTR
Bond RedeterminationEOIR-26A
Related Pages

Don't Face Immigration Court Alone

Attorney Shair provides aggressive, experienced removal defense — call now for a free, immediate consultation.

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