Facing deportation is one of the most frightening experiences an immigrant can go through. Whether you’ve received a Notice to Appear (NTA) in immigration court, been detained by ICE, or are worried about your status after a criminal matter, you have legal rights — and you have options to fight removal.
At Finberg Firm PLLC, attorney Vicky Wu is authorized to practice before the Executive Office for Immigration Review (EOIR) — the U.S. immigration court system — providing removal defense representation for clients in Miami and across Florida. 吴律师提供中英双语移民法庭代理服务。
⚠️ If you’ve received a Notice to Appear (NTA): You typically have a very short time to act. Contact an immigration attorney immediately — do not miss any hearing dates or your case may be decided in your absence.
What Are Removal Proceedings?
Removal proceedings (formerly called “deportation proceedings”) are the formal legal process by which the U.S. government seeks to remove a non-citizen from the country. The process begins with a Notice to Appear (NTA) — a charging document filed by the Department of Homeland Security (DHS) with the immigration court.
Removal cases are heard in immigration courts operated by the Executive Office for Immigration Review (EOIR), part of the Department of Justice — not federal district courts. In Miami, cases are heard at the Miami Immigration Court (333 S. Miami Ave.) and the Krome Detention Center Immigration Court.
Common Reasons People Face Removal
| Ground for Removal | Examples | Defense Options |
|---|---|---|
| Overstaying a visa | I-94 expired; tourist/student visa expired | Cancellation of Removal, adjustment of status, voluntary departure |
| Unlawful entry | Crossed border without inspection | Asylum, withholding of removal, cancellation (10-year rule), DACA |
| Criminal conviction | Aggravated felony, crimes of moral turpitude, drug offenses | Post-conviction relief, § 212(c) waiver, asylum (if related to persecution) |
| Status violation | Working without authorization; out-of-status F-1; EAD violation | Cancellation, adjustment, prosecutorial discretion |
| Document fraud | False documents, misrepresentation on visa application | I-601 waiver, cancellation, asylum |
| TPS/DACA termination | Protected status ended by policy change | Asylum, family-based AOS, other relief |
| Security/terrorism grounds | Association with designated organizations | Limited; national security courts separate |
The Removal Proceedings Timeline
Stage 1: Notice to Appear (NTA)
DHS files an NTA with the immigration court. The NTA lists the factual allegations and charges against you. You will receive a court date (or it will be filed separately). Critical: Keep your address updated with the court — failure to appear results in an order of removal in absentia that is very difficult to reopen.
Stage 2: Master Calendar Hearing (MCH)
The first hearing before an immigration judge. Multiple cases are heard in the same session. You will be asked to:
- Admit or deny the allegations in the NTA
- Identify what form of relief (defense) you will pursue
- Receive a date for your Individual (Merits) Hearing
Miami Immigration Court currently has a backlog of 4-7 years for Individual Hearings.
Stage 3: Individual (Merits) Hearing
This is the full hearing where you present your case for relief. Both sides present evidence, witnesses testify, and the immigration judge makes a decision. Preparation takes months — this is where having an experienced attorney matters most.
Stage 4: Appeals
If the immigration judge denies relief, you can appeal to the Board of Immigration Appeals (BIA). Further appeals can go to the U.S. Court of Appeals for the 11th Circuit (Florida cases). Some cases reach the Supreme Court.
Forms of Relief from Removal
1. Asylum and 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, you may qualify for asylum. Asylum must be applied for within one year of entry (with limited exceptions). Withholding of Removal provides similar protection but a higher standard — and does not lead to a green card.
2. Cancellation of Removal (LPR)
For lawful permanent residents (green card holders): You may qualify if you have been a permanent resident for at least 5 years, resided continuously in the U.S. for at least 7 years, and have NOT been convicted of an aggravated felony.
3. Cancellation of Removal (Non-LPR)
For non-LPRs without a green card: You may qualify if you have been continuously present in the U.S. for at least 10 years, have been a person of good moral character during that time, have not been convicted of certain crimes, and can demonstrate that removal would cause “exceptional and extremely unusual hardship” to a U.S. citizen or LPR spouse, parent, or child. This is a high bar — only 4,000 cases are granted nationwide per year.
4. Adjustment of Status (I-485)
If you have an approvable family or employment-based visa petition (and a visa is immediately available), you can apply for your green card even in removal proceedings. The immigration judge can grant adjustment of status and terminate the removal case.
5. Convention Against Torture (CAT) Protection
If you would likely face torture by or with the acquiescence of a government official in your home country, you may receive protection under the UN Convention Against Torture — even if you are ineligible for asylum (e.g., due to criminal convictions).
6. Voluntary Departure
If you have no viable defense, Voluntary Departure allows you to leave the U.S. voluntarily by a set date — avoiding the permanent bar on re-entry that comes with an order of removal. You must be able to pay for your own departure and depart within the specified period.
7. Prosecutorial Discretion / Administrative Closure
DHS can agree to close or terminate removal proceedings against sympathetic cases — particularly those with long U.S. residence, U.S. citizen family members, no criminal history, or compelling humanitarian circumstances. This has been used more or less aggressively depending on the current administration’s priorities.
ICE Detention and Bond
If you are detained by ICE during removal proceedings, you may be eligible for an immigration bond. A bond hearing before an immigration judge can result in your release while your case proceeds. To win a bond hearing, you must show:
- You are not a flight risk (strong family ties, stable residence)
- You are not a danger to the community (no serious criminal history)
- You have a viable legal defense worth pursuing
Bond amounts in Miami range from $1,500 to $25,000+. An experienced attorney can make a significant difference in bond outcome. Act immediately — detention hearings happen quickly.
Criminal History and Deportation: What Immigrants Must Know
Even lawful permanent residents (green card holders) can be deported for certain criminal convictions. Before pleading guilty to any criminal charge — even a misdemeanor — immigrants must consult with an immigration attorney. This is not optional.
Under Padilla v. Kentucky (2010), criminal defense attorneys are required to advise non-citizen clients about the immigration consequences of a guilty plea. However, many criminal lawyers are not immigration experts. Get a second opinion from an immigration attorney before any plea.
Charges that can trigger deportability include:
- Aggravated felonies (broad category — even some misdemeanors qualify)
- Crimes involving moral turpitude (fraud, theft, domestic violence)
- Drug offenses (even marijuana possession)
- DUI (context-dependent, but increasingly a trigger for removal proceedings)
- Domestic violence, stalking, child abuse
Miami’s Immigrant Communities: Specific Situations
Venezuelan Community — TPS and CHNV Parole
The termination of CHNV parole programs in 2025 placed hundreds of thousands of Venezuelans, Cubans, Haitians, and Nicaraguans in removal proceedings. If your parole has been terminated, you may still qualify for asylum, withholding, or CAT protection — particularly if you can demonstrate persecution risk. Don’t assume you have no options.
Chinese Community
Chinese nationals facing removal may have claims based on persecution (political opinion, religious persecution, family planning policy enforcement) or may have an approvable employment-based I-140 petition. In some cases, voluntary departure combined with consular processing may be the best strategy if the priority date is imminent.
H-1B and Employment Visa Holders
H-1B workers who lose their jobs have a 60-day grace period to find new sponsorship, transfer to another status (O-1A, L-1, F-1), or change to a different status. If removal proceedings are initiated before the grace period ends or during a status change, an attorney can often seek administrative closure or move for adjustment of status concurrently.
Why Work with an EOIR-Authorized Attorney?
Not every immigration attorney is authorized to appear in immigration court. Attorney Vicky Wu at Finberg Firm PLLC holds EOIR authorization, allowing her to represent clients directly before immigration judges in removal proceedings — from the initial Master Calendar Hearing through Individual Hearings and BIA appeals.
Immigration court proceedings are adversarial — DHS has government attorneys representing the government’s position. You deserve equally strong representation on your side.