Deportation is still a commonly used term for a process that U.S. immigration law has transitioned to calling “removal.” Removal is the court process that the U.S. government uses to decide whether a noncitizen must leave the U.S. The process entitles the noncitizen to an opportunity to explain why U.S. law does not require them to leave the country.
If you face the possibility of removal in Tennessee, a removal defense lawyer in Tennessee can help you understand what has happened so far and guide you through your next steps. Nación de Inmigrante represents noncitizens across Tennessee who the U.S. government has placed into removal proceedings. We approach removal defense carefully, helping clients understand each step of the removal process.
What Is Removal?
Removal is the official name for the legal process the U.S. government uses to order a noncitizen to leave the country. Before 1996, immigration law used two different names: when a person was in the interior of the country, the process was called deportation, and when a person was at a U.S. border, the process was called exclusion. In 1996, the U.S. government combined the two into one process called removal.
Deportation removed people from their communities, making it much more visible than exclusion. Unsurprisingly, many still refer to the removal process as deportation.
Why Can the Government Remove Noncitizens?
The government can remove noncitizens when they violate immigration law. It often initiates removal proceedings after someone:
- Overstays a visa,
- Works without authorization, or
- Pleads guilty to or is convicted of certain types of criminal offenses.
Immigration judges decide removal cases in immigration court.
What Is Removal Defense?
Removal defense involves using provisions of U.S. law that may allow the noncitizen to remain in the U.S. despite Immigration and Customs Enforcement (ICE) attempting to deport them. Whether the law allows you to stay depends on personal and immigration history, whether you risk harm if you return to your home country, and what ties you have in the U.S. A Tennessee removal defense lawyer guides you through understanding what the court expects, what decisions matter most, and how to protect your rights.
Asylum, Withholding of Removal, and Convention Against Torture Protection
U.S. law offers humanitarian protections, allowing people to remain in the U.S. to avoid serious harm, including:
- Asylum—protects those who have suffered persecution in the past or fear future persecution because of specific characteristics that they cannot or should not be required to change;
- Withholding of removal—protects people who face a high likelihood of persecution, even when a person’s immigration history means asylum does not apply; and
- Convention Against Torture (CAT)—protects people who face a serious risk of torture in their home country.
An immigration lawyer can help you put together the documents and writings to support these claims.
Cancellation of Removal
Cancellation of removal allows certain long-term residents to remain in the U.S. and, in some cases, obtain lawful permanent residence. Generally, you can qualify for cancellation of removal if your removal from the U.S. would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident family member.
Adjustment of Status
Some people can apply for lawful permanent residence while their case remains pending in immigration court. To do so, they must independently qualify for a green card and not have an immigration history that would prevent them from obtaining a green card without first leaving the country.
Work Authorization
Removal cases can take months or years to reach a conclusion. In the meantime, many noncitizens can reside in the U.S. while their cases are processed through the court system.
Many people worry about supporting themselves and their families during that time. In some situations, immigration law allows individuals to apply for work authorization during removal proceedings. Your lawyer can advise you whether you qualify for a work permit during removal defense.
The Removal Timeline
Removal cases follow a specific process:
- Notice to Appear. Removal proceedings begin when the government provides a noncitizen a document called a Notice to Appear (NTA). The NTA explains what part of U.S. immigration law the government believes you violated to make you removable (deportable).
- Master calendar hearings. Master calendar hearings are short, procedural court dates. During these hearings, the immigration judge reviews what the government says you have done, confirms you are who the government believes you to be, and sets schedules and deadlines. At this hearing, you inform the court if you plan to argue against deportation and, if so, what law you believe allows you to stay in the U.S.
- Filing applications and evidence. If you do not agree to deportation, you and your lawyer file documents with the court that support your argument that U.S. law allows you to remain in the country.
- Merits hearing. A merits hearing, sometimes called an individual hearing, is a trial. You may testify and offer documentary evidence while the immigration judge evaluates whether U.S. law authorizes you to stay.
- Decision and possible appeal. After the hearing, the judge decides whether the law supports the ICE attorney’s position that you must leave the U.S. or if it allows you to remain.
If the judge concludes the law says you must leave, you may be able to appeal and ask a different court to review the judge’s decision. You typically need to appeal by a specific deadline.
What Does a Removal Defense Lawyer Do?
An immigration removal defense lawyer in Tennessee builds your defense with you, communicates with the ICE attorney and the immigration court, and guides you through each step of removal defense. We help you make informed decisions by:
- Explaining the reason the government has given for placing you in removal proceedings;
- Identifying which forms of relief may apply to your situation;
- Preparing applications, affidavits, and supporting evidence;
- Representing you at immigration court hearings;
- Advising you about risks, timelines, and likely outcomes; and
- Evaluating appeals or motions when the court denies relief.
Nación de Inmigrante prioritizes communication so clients understand what is happening and why.
Frequently Asked Questions
What Are My Options If I’m Placed in Removal (Deportation) Proceedings?
Your options depend on why the government initiated removal and whether the law might allow you to stay. A removal defense lawyer reviews your history and explains which legal paths may apply.
Do I Need a Lawyer for My Immigration Court Hearings?
You have the right to hire a lawyer, but you are not obligated to. Immigration law is notoriously complex, especially when navigating a language barrier, so many people strongly benefit from hiring a lawyer.
Can I Apply for a Work Permit While in Removal Proceedings?
Some people can apply for work authorization while their case is pending. Your options depend on your immigration history and what the law authorizes in your particular circumstances.
Can a Lawyer Help Me Reopen a Case That Was Denied in Immigration Court?
Potentially, yes. A lawyer can evaluate whether a judge is likely to reopen a case, reconsider it, or allow an appeal.
Where Are Immigration Court Hearings Held for Tennessee Residents?
The federal immigration court for Tennessee is located in Memphis. The court can hold hearings in person or remotely.
Talk with a Removal Defense Lawyer in Tennessee
Nación de Inmigrante helps individuals across Tennessee understand their rights, prepare strong defenses, and make informed choices while navigating immigration court. Speak with a removal defense attorney in Tennessee to learn more about your options under U.S. immigration law.