Deportation & Removal Defense

Facing removal proceedings

Facing removal proceedings, or having a loved one taken into immigration detention, is one of the most frightening experiences an immigrant family can go through. Every decision made in the days and weeks that follow can shape the entire outcome of the case, which is exactly why acting quickly and understanding your options matters so much.

At The Law Offices of Shirley Sadjadi, P.C., we provide an aggressive, thorough defense for clients facing removal across Elgin and the greater Chicago area, whether that means fighting the underlying case, seeking release from detention, or pursuing relief that allows a client to remain in the United States legally. Our entire staff is fluent in both Spanish and English, so your family can understand every stage of a process that moves quickly and carries enormous consequences.

What Kind of Situation Are You Facing?

Removal defense covers several distinct situations, and knowing where yours fits shapes everything that follows:
  • You or a family member received a Notice to Appear and a case has just started in immigration court.
  • You've lived in the U.S. for years and are facing removal, and may qualify for cancellation of removal.
  • You fear returning to your home country due to persecution, and may qualify for asylum.
  • You or a loved one is currently in immigration detention and needs to seek release through a bond hearing.
We handle each of these, often at the same time, since real cases frequently involve more than one issue at once.

Notice to Appear & Immigration Court Process

If you’ve received a Notice to Appear (Form I-862), your case has formally entered the immigration court system. The document lists the government’s allegations and the specific legal grounds it’s relying on to seek your removal, and it also comes with real deadlines and procedural protections.

We help clients:

  • Understand exactly what their NTA alleges and whether it contains defects worth challenging
  • Prepare for the Master Calendar Hearing, the first, short procedural appearance where the judge reviews the allegations and sets deadlines
  • Identify which forms of relief may apply to their specific situation
  • Avoid the single most damaging mistake in this process: missing a hearing, which typically results in an in absentia removal order
Because judges generally grant a continuance to unrepresented respondents who need time to find an attorney, contacting us as early as possible, ideally before your first hearing, gives us the most room to build your defense.

Cancellation of Removal

Cancellation of removal is one of the most significant forms of relief available in removal proceedings, but it comes with demanding requirements that differ depending on your current status.

For non-permanent residents, under INA § 240A(b), you generally must show:

  • At least 10 years of continuous physical presence in the United States
  • Good moral character throughout that period
  • No disqualifying criminal convictions
  • That your removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child

For lawful permanent residents, under INA § 240A(a), the requirements are different: at least 5 years as a green card holder, 7 years of continuous residence after any lawful admission, and no aggravated felony conviction.

Even applicants who meet every element still face a discretionary decision, meaning the immigration judge weighs the full picture of the case, not just whether the technical boxes are checked. That’s exactly why building a thorough, well-documented case, including strong evidence of the hardship your family would face, matters so much.

Asylum Defense

If you fear persecution in your home country based on your race, religion, nationality, political opinion, or membership in a particular social group, asylum may allow you to remain in the United States permanently.

Asylum can be pursued in two ways:

Affirmatively, by filing directly with USCIS if you are not already in removal proceedings
Defensively, as a form of relief raised within existing removal proceedings before an immigration judge

Timing matters enormously here. Asylum applications generally must be filed within one year of your arrival in the United States, though exceptions exist for changed circumstances affecting your eligibility or extraordinary circumstances that prevented a timely filing. Missing this deadline without a qualifying exception can be fatal to an otherwise strong claim, which is why we review this timeline with every client as early as possible.

We help clients:

  • Determine whether they meet the legal definition of a refugee under U.S. law
  • Gather country condition evidence and personal documentation supporting their claim
  • Prepare thorough, consistent testimony for the asylum interview or removal hearing
  • Address one-year deadline issues where an exception may apply
Where a bond hearing is available, judges generally consider:
  • Whether the person poses a flight risk or danger to the community
  • Ties to the community, including family, employment, and length of residence
  • The strength of the underlying case for relief, such as asylum or cancellation of removal
  • Health issues or hardship factors affecting the individual or their family
If ICE claims someone is subject to mandatory detention but that classification is disputed, it’s possible to request a Joseph hearing to challenge whether mandatory detention actually applies. Importantly, a bond hearing must be actively requested; it is not automatically offered. And a successful bond hearing only secures release from custody; it does not resolve the underlying removal case, which still needs to be built and won.

Bond Hearings & Release from Detention

If you or a loved one has been detained by immigration authorities, getting released while the case proceeds is often the most urgent priority, and the law in this area has been shifting significantly.

Whether a bond hearing is even available depends on which section of law governs the detention. Historically, most people detained inside the U.S. could request a hearing under INA § 236(a), where a judge weighs flight risk and danger to the community. Since 2025, the government has taken the position that a much broader group, including many who entered without inspection regardless of how long ago, should be treated as subject to mandatory detention with no bond hearing under INA § 235(b). Federal appeals courts are currently split on this question, and the law continues to develop, which makes experienced representation especially important right now.

What the Process Typically Looks Like

  • 1. Immediate Case Assessment. We move quickly to understand the full situation, whether that's a newly received NTA, a detention, or an approaching hearing, since timing is often critical.
  • 2. Identifying Available Relief. We determine which forms of relief - cancellation of removal, asylum, adjustment of status, or another path - may realistically apply.
  • 3. Seeking Release, If Detained. Where a bond hearing is available, we move to request one promptly and build the strongest possible case for release.
  • 4. Building the Underlying Case. We gather evidence, prepare testimony, and meet every filing deadline for whatever relief applies to your situation.
  • 5. Representation at Hearings. We represent you at the Master Calendar Hearing, any bond hearing, and the eventual individual hearing where your case for relief is decided.

Common Concerns We Help Clients Navigate

"My family member was just detained, what do we do first?"

Time matters. We move quickly to determine whether a bond hearing is available and begin building the case for release immediately.

"I've been here for years, do I have any options?"

Often, yes. Cancellation of removal, asylum, and other forms of relief exist precisely for people who have built a life in the U.S., though eligibility depends heavily on your specific history.

"I missed a hearing, is my case over?"

Not necessarily. Depending on the circumstances, it may be possible to file a motion to reopen, particularly if proper notice was never received.

Why Work With The Law Offices of Shirley Sadjadi

Bilingual, Personal Attention

Our entire staff speaks Spanish and English fluently, so your family understands every step during an already stressful time.

Aggressive, Thorough Defense.

We build a complete case at every stage, from bond hearings through the final decision on relief.

Current on a Changing Landscape.

Detention and bond law is shifting rapidly, and we stay current on how these developments affect real cases.

Support Through Every Hearing.

From the Master Calendar Hearing to the individual hearing where relief is decided, we stand with you at every stage.

If you or a loved one is facing removal proceedings or detention, don’t wait. Schedule a consultation with an experienced removal defense attorney serving Elgin and the greater Chicago area.

Frequently Asked Questions

1. What should I do if I receive a Notice to Appear?
Contact an attorney as soon as possible, ideally before your first hearing. Judges generally grant a continuance to unrepresented individuals who need time to find counsel, but missing a hearing entirely can result in an order of removal issued without you present.
It’s a form of relief that can allow you to remain in the U.S. permanently. Requirements differ for non-permanent residents (10 years of physical presence, good moral character, and hardship to a qualifying family member) versus lawful permanent residents (5 years as a green card holder, 7 years of continuous residence, no aggravated felony).
Generally, one year from your arrival in the United States, though exceptions exist for changed or extraordinary circumstances. Missing this deadline without a qualifying exception can be fatal to a claim, so timing should be reviewed as early as possible.
Not always. Whether a bond hearing is available depends on which section of law governs the detention, and this area of law has been shifting significantly in recent years, with federal courts currently split on how broadly mandatory detention applies.
No. A bond hearing only addresses release from custody. The underlying removal case still has to be built and argued separately.
This typically results in an absentia removal order. Depending on the circumstances, particularly if you never received proper notice, it may be possible to file a motion to reopen your case.