Award-Winning Deportation Defense Lawyer in Atlanta, Georgia

Removal (deportation) cases are heard in immigration court, which is part of the U.S. Department of Justice. A typical case follows these steps:

1. Notice to Appear (NTA). The Department of Homeland Security (DHS) starts the case by serving a Notice to Appear, which lists the charges against you. Read it carefully and check that your address is correct; hearing notices are sent to the address the court has on file.
2. Detention and bond. If you are detained, ICE may set a bond, deny bond, or release you. In many cases you can ask an immigration judge for a bond hearing to lower or set a bond. Some people must be held without bond because of certain criminal records. The Laken Riley Act (2025) also requires detention for some people who entered without inspection or lack valid entry documents and are arrested for, charged with or convicted of burglary, theft, larceny, shoplifting, assaulting a law enforcement officer, or a crime causing death or serious bodily injury. Since 2025 the government has also argued that anyone who entered without inspection is ineligible for bond. As of October 2026, the Eleventh Circuit (which covers Georgia) has rejected that position for people arrested inside the U.S., and on October 1, 2026 the U.S. Supreme Court agreed to decide the question (Rhoney v. Barbosa da Cunha, No. 26-104). These rules are changing quickly, so get advice right away; see our immigration bond lawyer page.
3. Master calendar hearing. A short first hearing where you admit or deny the charges and tell the judge what relief you plan to apply for.
4. Individual (merits) hearing. The full hearing where you present evidence and witnesses in support of your defense or application for relief.
5. Decision. The immigration judge grants relief, terminates the case, or orders removal.
6. Appeal. You generally have 30 days to appeal to the Board of Immigration Appeals (BIA). A February 2026 rule cut this to 10 days, but a federal court set that change aside in March 2026, and as of October 2026 the immigration courts apply the 30-day deadline. Check the deadline on your decision and file early. After a BIA decision, you may be able to ask a federal court of appeals (the Eleventh Circuit for Georgia cases) to review it.

Never miss a hearing. If you do not appear, the judge can order you removed in your absence. If you have moved, you must update your address with the court.

Some people can be removed without a court hearing, for example through expedited removal or when an old removal order is reinstated. If you have lived in the U.S. for a long time, keep proof of how long you have been here.

Depending on your history, you may be able to stay in the United States through one or more of these options:

• Challenging the charges. Arguing that DHS cannot prove you are deportable, for example because a conviction does not fall into the category DHS claims.
• Cancellation of removal for permanent residents. For green card holders with at least 5 years of permanent residence, 7 years of continuous residence after admission, and no aggravated felony conviction.
• Cancellation of removal for non-permanent residents. For people who have lived in the U.S. for at least 10 years, have good moral character, and can show that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child.
• Asylum, withholding of removal and protection under the Convention Against Torture for people who fear persecution or torture in their home country. Asylum generally must be requested within one year of arrival, with limited exceptions.
• Adjustment of status to permanent residence before the immigration judge, for example through a U.S. citizen spouse, parent or adult child, sometimes combined with a waiver.
• U visa, T visa and VAWA protections for victims of crimes, human trafficking or domestic abuse.
• Prosecutorial discretion, asking DHS to dismiss or close the case.
• Voluntary departure, which lets you leave on your own and avoid some of the consequences of a removal order.
• Motions to reopen or reconsider an old removal order, including orders issued when someone missed a hearing.

An arrest or criminal charge is one of the most common ways immigrants end up in removal proceedings. Certain convictions, including some misdemeanors and pleas of no contest or Georgia First Offender, can make a green card holder deportable or bar relief. If you are not a U.S. citizen and are facing criminal charges, talk to an immigration attorney before accepting a plea.

Learn more:

• Can a green card holder be deported? List of deportable offenses
• How criminal charges affect immigration status in Georgia
• No contest vs guilty plea and immigration

It varies widely. Cases of people held in detention usually move fastest, often within a few months. Cases of people who are not detained can take a year or several years because of immigration court backlogs. Appeals add more time. You can check the status and next hearing date of a case with the court’s automated system; see how to check your immigration court case status online.

Fees depend on the case: whether the person is detained, what relief they are applying for, how many hearings are needed and whether there is an appeal. We explain our fees clearly before you hire us. A consultation with our firm is a 30-minute appointment for $175, and online consultations are available.