Time-Sensitive
If you have received a Notice to Appear (NTA), call us immediately.
Your first hearing date may be sooner than you think. (212) 786-1500 | (202) 713-9521
Removal (formerly called deportation) is the formal process by which the U.S. government compels a non-citizen to leave the country. USCIS or ICE issues a Notice to Appear (NTA) charging you with removability — and the case proceeds before an immigration judge.
You have the right to an attorney, a hearing before a judge, and the opportunity to present defenses. Deportation proceedings are serious — but they are also defensible. Red Knot Law represents clients in immigration courts throughout the United States, fighting to keep families together and people in the country they call home.
Defenses
Grounds We Fight On Your Behalf
Humanitarian Protection
Asylum & Withholding of Removal
If you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, asylum can be filed as a complete defense to removal.
Long-Term Residents
Cancellation of Removal
10 years' continuous presence (non-LPRs) or 7 years (LPRs) with good moral character, where removal would cause exceptional hardship to a U.S. citizen or LPR family member.
Family or Employment Basis
Adjustment of Status
If you are eligible for a green card through family or employment and meet the requirements, you may be able to adjust status in immigration court even while in removal proceedings.
Strategic Option
Voluntary Departure
In some cases, negotiating voluntary departure allows you to leave without a formal order of removal — preserving future eligibility for immigration benefits that a removal order would close.
Discretionary Relief
Prosecutorial Discretion
In appropriate cases, we advocate for ICE to exercise prosecutorial discretion and close or defer your case — particularly for individuals with strong community ties and no serious criminal history.
The Process
How Immigration Court Works
Understanding the stages of removal proceedings helps you know what to expect. We guide you through every step.
1
Notice to Appear & Initial Response
You receive an NTA from USCIS or ICE. We review the charges, identify defenses, and immediately begin building your case strategy. Time is critical — we respond quickly.
2
Master Calendar Hearing
The initial hearing where you enter pleadings (admitting or denying the charges) and the judge schedules your case. We appear with you and preserve your rights at this critical first appearance.
3
Individual Hearing — Your Day in Court
The full merits hearing where witnesses testify, evidence is presented, and your defense is argued. We prepare every aspect of your presentation — nothing is left to chance.
4
Immigration Judge Decision
The judge either grants relief or issues an order of removal. If denied, you generally have 30 days to appeal to the Board of Immigration Appeals.
5
BIA Appeal & Federal Court Review
Board of Immigration Appeals review of the immigration judge's decision, followed by federal circuit court petition for review where the case raises legal questions warranting federal scrutiny.
Your Attorney
Immigration Counsel
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Melissa Malmgren
New York Law School · Immigration Practice Lead
New York Bar DC Bar AILA Member
Melissa represents clients in immigration courts throughout the United States. She handles Notice to Appear responses, master and individual calendar hearings, cancellation of removal applications, and BIA appeals.
View Full Profile → Common Questions About Deportation Defense
What happens if I miss my immigration court date?
If you miss your hearing without prior notice to the court, an immigration judge will likely enter an order of removal in absentia. This is very difficult to reopen. It is critical to appear at all scheduled hearings.
Can I be detained during removal proceedings?
Yes. ICE has authority to detain individuals in removal proceedings. If detained, you may be eligible for a bond hearing before an immigration judge. We can file a motion for a bond redetermination.
How long do removal proceedings take?
Immigration courts are severely backlogged. Cases can take 2–5 years or more to reach a final hearing in some courts. This timeline can work in your favor if you have relief available.
What is cancellation of removal?
Certain long-term residents (10 years for non-LPRs, 7 years for LPRs) may apply for cancellation of removal if they have good moral character and removal would cause exceptional hardship to a U.S. citizen or LPR family member.
Immigration Notice: No immigration outcome is guaranteed. Every immigration case is unique and depends on individual circumstances, current regulations, and government processing times. We cannot predict outcomes or timelines with certainty. This website does not solicit cases from any jurisdiction where we are not admitted to practice law.
