Received a Notice to Appear? Get Clear Guidance Early.

If you received a Notice to Appear, act on it now. Removal defense means answering that notice in immigration court and fighting an order to leave the United States. This page explains how removal proceedings work, which deadlines matter most, and how our team approaches removal defense New York City cases.

How Removal Proceedings Work in New York City

Removal proceedings start when the government files a notice to appear with an immigration court. 8 CFR § 1239.1 A removal proceeding conducted under section 240 of the Act is commenced by the filing of a notice to appear with the immigration court. This is not a criminal court, and it follows its own steps.

8 CFR § 1240.10 If you deny the charge, the judge sets a hearing on the issues. That later hearing is where evidence and applications for relief are presented. Schedules vary by case, so your dates may not match someone else’s.

Immigration courts in New York City hear these cases, so local timing and paperwork matter. Bring every paper you received. That includes the notice to appear, every hearing notice, earlier applications, decisions, identity documents, and criminal records, even old ones. Missing papers can slow the review of your case.

Deadlines and Hearings You Cannot Miss

Missing a hearing can lead to a removal order entered without you. The judge shall order removal in absentia if the government establishes by clear, unequivocal, and convincing evidence that you are removable and that written notice of the time and place of proceedings and of the consequences of failure to appear was provided to you or your counsel of record. 8 CFR § 1003.26 The judge shall order you removed in absentia if the government establishes by clear, unequivocal, and convincing evidence that you are removable and that written notice of the time and place of proceedings and of the consequences of failure to appear was provided to you or your counsel of record.

Address changes matter. 8 CFR § 1003.15 Within five days of any change of address, you must provide written notice of the change on Form EOIR-33 to the immigration court where the charging document has been filed, or, if venue has been changed, to the immigration court to which venue has been changed.

Appeal deadlines are short. 8 CFR § 1003.38 Asylum cases the immigration judge adjudicated and did not deny under 208(a)(2)(A), (B), or (C) of the Act have a 30-calendar-day window. The clock starts from the oral decision or from mailing or electronic notice of a written decision. Any issue not raised in the notice of appeal is waived. Act on the first notice, not the next hearing date.

Criminal Convictions and Deportation Risk

A criminal conviction can create removal risk, and the result turns on the offense, the sentence, and the dates. A conviction relating to a controlled substance can make a person deportable. The exception is a single offense of possessing 30 grams or less of marijuana for one’s own use.

Some relief has a stricter bar. A lawful permanent resident seeking cancellation of removal generally must have been a lawful permanent resident for at least five years and must also meet a continuous residence requirement of seven years after admission in any status. The person also must not have an aggravated felony conviction. For applicants seeking cancellation of removal for permanent residents, the continuous residence period can end when the notice to appear is served or when the person commits certain offenses. Immigration terms often differ from the labels used in criminal court, so a label alone does not settle the question.

Criminal and immigration cases run on separate tracks. A decision in one can affect the other. Reviewing both records together before you make a decision is the safer path.

Defense Options Within Removal Proceedings

The right defense depends on your history, and each option has its own rules. One option is cancellation of removal. That application is submitted on Form EOIR-42 to the immigration court that controls your record. 8 CFR § 1240.20

Other filings can sometimes connect to a removal case. Adjustment of status, waivers, and family petitions may run alongside it, depending on your facts. Naturalization has its own requirements, including continuous residence, physical presence, and good moral character.

If the judge rules against you, a BIA appeal reviews that decision. The appeal must be filed on time and must raise every issue you want considered. 8 CFR § 1003.38 No lawyer can promise a particular outcome. Each defense turns on your history, family ties, and immigration record.

How Our Team Handles Removal Cases for New York City Clients

Our team focuses on removal defense, and Adriana Gomez is the responsible lawyer for this page. Before advising on next steps, Adriana Gomez reviews the notice to appear, your prior filings, and any criminal records. That review shows what the government alleges and what your record actually says.

Support staff help track hearing dates, gather documents, and keep you informed between court dates. Missed dates cause the most avoidable harm in these cases, so that tracking matters.

If your matter falls outside our practice areas, we will tell you directly whether it may need to go to another lawyer or firm. If your family has questions about separate petitions or naturalization, we can address them in the same discussion when they relate to your removal case.

Contact Us About Your New York City Case

If your notice to appear is in hand and a hearing date is approaching, contact us now. You can reach out through our contact form, call the office, or message us on WhatsApp.

Our consultations are paid. Before you book, we tell you the consultation fee and any other costs you may owe.