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Boston Removal / Deportation Defense Lawyer

The Boston Removal / Deportation Defense lawyers at FitzGerald Law Company have vast courtroom experience litigating and defending immigrants from deportation / removal from the U.S. We routinely appear before the Immigration Court in Boston and at courts throughout the country to represent clients and ensure that their rights are protected. We will aggressively battle against the I.C.E. attorneys from the Department of Homeland Security (DHS) to prevent immigrant families from being separated and forced to live apart. It is actually part of our firm’s mission to fight to keep families together here in the U.S..

What is Deportation / Removal?

Removal (commonly referred to as Deportation) is the process in which the government of the U.S. forces a person to leave the United States, and it begins when an official from one of DHS’ immigration agencies (USCIS, CBP or ICE) makes an initial determination that a person is in the U.S. unlawfully, without proper documentation or has violated their immigration status. The immigration official will initiate the process to remove or deport the person by issuing the individual a Notice to Appear before an Immigration Judge, or in some limited circumstances, an Order of Expedited Removal.

In most instances, the law allows the person to contest or fight DHS by appearing before an Immigration Judge in an administrative proceeding at one of the Department of Justice’s Immigration Courts. The person has a right to be represented by an attorney in these proceedings and the person can petition the Immigration Court for an immigration benefit which will allow them to remain lawfully in the U.S.

Will I be Held in Jail During my Removal / Deportation Proceedings?

The Immigration law allows DHS to detain many individuals who are in Deportation / Removal proceedings and some of the rules state that detention of certain immigrants is mandatory, for example, terrorists or aliens with serious criminal convictions.  Most immigrants, however, may be released at either the discretion of DHS officers or by an order of an Immigration Court Judge.

It should be noted that currently the Department of Homeland Security is attempting to expand the number of individuals who are subject to detention which is not reviewable by an Immigration Judge. On September 5, 2025, the Board of Immigration Appeals issued a decision in which it ruled that an individual who entered the U.S. without inspection in 2022, who was subsequently granted TPS, was subject to detention which was not reviewable by an Immigration Judge because the person initially entered the U.S. without inspection. (Matter of Jonathan Javier Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025) – https://www.justice.gov/eoir/media/1413311/dl?inline) This is a significant change which will make removal / deportation proceedings more difficult for immigrants to endure.

Generally, if the government has evidence that a person in deportation or removal proceedings should be detained, then they will be detained unless they are able to demonstrate that they do not pose a danger to the community, they will have a place to live in the U.S. while the case is open, they will appear at all of their hearings, comply with the laws, not engage in any criminal activities and they have a valid claim under the immigration law to pursue before the Immigration Court, in order to be released from custody or detention.

A person can be released with or without conditions. The government often requires that a bond / bail is paid for their release and in many instances the person must wear a GPS tracker on their ankle and “check-in” with ICE officials on a regular basis.

Why Do I need a Removal / Deportation Lawyer?

An experienced Removal / Deportation lawyer will generally be able to analyze your situation and identify what immigration benefits you may qualify for (i.e. Asylum, Withholding, Cancellation of Removal, an I-601 waiver or pardon, etc.) and may be able to get you released from custody while your case is being processed by the Court or by DHS.

If it appears that you qualify for relief, a lawful permission to remain in the U.S., then an immigration attorney with experience handling Removal / Deportation cases before the Immigration Court will be able to assist you preparing the proper evidence to present and most importantly, prepare you to testify at your Individual Hearing / Trial. Credible testimony is a crucial element of a removal or deportation proceeding, as an Immigration Judge is required by law to consider all the credible testimony, in addition to the other evidence of record when determining if a person may remain in the U.S., according Section 240 of the Immigration & Nationality Act (8 USC 1229a: Removal proceedings).

If you do not qualify for any immigration benefit or relief , then the Removal / Deportation attorney may be able to obtain a grant of “voluntary departure” for you, which means that you are able to make your own arrangements to depart the U.S. by a determined date and you generally do not have to remain in custody / detention before your departure date.

How and Why was I Placed in Deportation / Removal?

A Removal / Deportation process is generally started if a person:

• Entered the U.S. without a valid visa or EWI (Entry without Inspection)
• Entered the U.S. with a valid visa, but overstayed or otherwise violated the conditions of their immigration status
• Was convicted of a criminal offense which renders them deportable
• Filed an immigration petition which was denied by USCIS and which causes them to lose their immigration status
• Is a legal permanent resident that has violated the terms of their status (i.e. has been convicted of certain criminal offenses, has remained outside the U.S. for longer than 180 continuous days without permission, etc.).

Generally a Removal / Deportation process begins when a person receives a Notice to Appear (NTA), a legal document that states the factual basis for the removal, the law upon which it is based, as well as the date, time, and place of the Removal / Deportation Hearing.  The DHS official must then file the NTA with the Immigration Court where the hearing or hearings will be held.

What Happens at a Removal / Deportation Hearing?

There are several types of deportation / removal proceedings, specifically, Deportation Proceedings for cases that began before April of 1996 for people who were inside the U.S., Exclusion Proceedings for cases that began before April of 1996 for people who were trying to enter the U.S., and Removal Proceedings for all cases after April of 1996.

The rules and procedures of these cases, which have some small variations, are generally the same. Typically there are 3 types of hearings,  a Master Calendar Hearing, a Status Hearing, and an Individual Hearing.  A Master Calendar Hearing is an initial hearing or a scheduling hearing. Generally, pleadings (responses to the government’s allegations) and applications are submitted to the Court and a schedule for future hearings is established.

A Status Hearing generally occurs when the Court or the parties are awaiting action from another government entity which is required for the case, such as the processing of security checks by the FBI, release of new visas by the Department of State, or adjudication of a Visa Petition, such as an I-130, by USCIS.

An Individual Hearing is a hearing where the evidence and testimony are usually presented to the Court and some type of decision is to be made on an issue or on the case.  The Individual Hearing is the Immigration Court version of a trial.

Our Boston Removal / Deportation Lawyers have a Long History of Success Defending Immigrants from Deportation / Removal

Deportation/Removal Proceedings are generally complex and difficult to manage, and because the consequences are so severe, it is critical to have the benefit of strong and experienced attorneys. If you or a family member are facing Removal / Deportation Proceedings, it is recommended that you contact an immigration lawyer experienced with the intricacies of Removal / Deportation and who can help you determine what options are available to legalize your status in the U.S. The attorneys at FitzGerald Law Company have a successful track record representing immigrants in Immigration Court and we treat every case with the gravity and dedication it requires. When you hire our Removal / Deportation attorneys to represent you, you can rest assured that you are receiving the best possible defense from Removal / Deportation. Call 617-303-2600 and schedule a consultation and learn how we can help you today.