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    • Home
    • About US
    • Practice Areas
      • Removal Defense
      • Asylum
      • Family Immigration
      • US Citizenship
      • U Visa VAWA and Waivers
      • DACA
      • Criminal Law
      • Estate Law
    • For Clients
    • Español
    • Contact Us
    • Blog
    • Contáctenos
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    • Defensa de Deportación
    • Detenido por ICE
    • Pearsall
    • Dilley
    • Karnes County
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    • Ciudadanía Americana
    • Visa U VAWA y Perdones
    • Estatus de DACA
    • Preguntas Frecuentes

Phone: 210.227.3200

lawtrevino.com

Signed in as:

filler@godaddy.com

  • Home
  • About US
  • Practice Areas
    • Removal Defense
    • Asylum
    • Family Immigration
    • US Citizenship
    • U Visa VAWA and Waivers
    • DACA
    • Criminal Law
    • Estate Law
  • For Clients
  • Español
  • Contact Us
  • Blog
  • Contáctenos
  • Nosotros
  • Defensa de Deportación
  • Detenido por ICE
  • Pearsall
  • Dilley
  • Karnes County
  • Centros de Laredo
  • Asilo
  • Trámites Familiares
  • Ciudadanía Americana
  • Visa U VAWA y Perdones
  • Estatus de DACA
  • Preguntas Frecuentes

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Removal Defense

Immigration court

Immigration court is unlike any other civil or criminal court in the United States. The rules are different. The procedures are different. The process is daunting and confusing. For immigrants who must go before a judge in immigration court, there is no right to a court-appointed lawyer even when you cannot afford one. So, they are on their own, including children, for an event that may be one of the most significant in their lives.


At The Trevino Law Firm, PLLC, our immigration attorneys help clients defend against removal from the United States by ways of different forms of relief, including cancellation of removal, adjustment of status, and asylum, among other things. Legal representation makes hearings more meaningful for immigrants and the process more efficient for the court system. Contact us at 210.227.3200 to schedule a Consultation. We will review your case and outline the next best steps to take.

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Types of Cases before Immigration Courts

The immigration court hears a wide range of cases related to immigration law.

Some of the most common types of cases that go before the immigration court include:

Individuals who fear persecution in their home country due to their race, religion, nationality, political opinion, or membership in a particular social group may apply for asylum in the United States. Asylum cases are typically heard by the immigration court as a form of relief to removal.


Certain individuals in the United States may be eligible to adjust their status to become lawful permanent residents before an immigration judge while in removal proceedings


When an individual is detained by the Department of Homeland Security (DHS), they may have the opportunity to request a bond hearing to determine whether they can be released from detention while their case is pending.


Individuals facing deportation but who have been living in the United States for a certain period of time (typically 10 years for undocumented immigrants and 7 years for permanent residents) may be eligible for cancellation of removal, which allows them to remain in the United States.


Immigrants who fear they will be tortured if they are returned to their country of origin, birth, or citizenship, may qualify for relief under CAT if they can prove the likelihood of the same.


Certain immigrant children may qualify for a green card or avoid deportation if they have been abused, abandoned, or neglected.


Family members and children who have been subjected to abuse by a spouse or parent may qualify for legal status under VAWA if the abusive spouse or parent is a legal permanent resident or U.S. citizen.


Immigrants who fear for their safety or freedom if they return to their country of origin may be able to obtain relief (similar to asylum) if they have been in the United States for more than a year.


Individuals who have received an unfavorable decision from a USCIS officer or immigration judge may appeal their case to the Board of Immigration Appeals (BIA), which is also part of the immigration court system.


The immigration court is not part of the criminal justice system and does not handle criminal cases. It is also not a part of the civil system and does not handle lawsuits or other civil matters and so does not follow the same procedures or timelines. The immigration court is specific only to immigration matters and has its own procedures and timelines.

What to Expect at an Individual Hearing

During an immigration hearing, the immigration judge will preside over the proceedings and make decisions based on the evidence

and arguments presented by the parties involved.

The following is a summary of the general flow of an immigration hearing.

1

Preliminary Matters

Testimony and Evidence

Testimony and Evidence

The judge will begin by identifying the parties, reviewing any relevant documents, and explaining the purpose of the hearing.

2

Testimony and Evidence

Testimony and Evidence

Testimony and Evidence

The parties will present their case by offering evidence, documents, and witness testimony. The judge will ask questions to clarify any issues or inconsistencies in the evidence.

3

Legal Arguments

Testimony and Evidence

Closing Arguments

The parties will also present legal arguments, citing relevant laws and regulations, to support their position.

4

Closing Arguments

Immigration Hearings

Closing Arguments

After all the evidence has been presented, the parties will have an opportunity to make closing arguments summarizing their case.

5

Decision

Immigration Hearings

Immigration Hearings

The judge will then make a decision based on the evidence and arguments presented. If the case involves an individual's eligibility to remain in the United States, the judge may either grant relief or order the individual to be removed from the country.

6

Immigration Hearings

Immigration Hearings

Immigration Hearings

Immigration hearings can be complex and involve many legal and factual issues. The parties may be represented by attorneys, and interpreters may be present if needed to assist with communication.

Legal Representation in an Immigration Court

Individuals who appear before the immigration court have the right to be represented by an attorney. In fact, it's highly recommended that you seek the assistance of an experienced immigration attorney, as the immigration court proceedings can be complex and the consequences of an adverse decision can be severe, such as deportation or denial of a visa application. Plus, an attorney can help you understand your legal options, prepare your case, and present the strongest possible arguments to the judge.

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Immigration Lawyer

An experienced immigration lawyer can also help you:

  • Identify any potential legal issues or pitfalls in your case
  • Gather evidence to support your case
  • Develop a legal strategy tailored to your individual circumstances
  • Ensure that your rights are protected throughout the court process, such as ensuring that you are not coerced into signing a voluntary departure or waiving your rights to appeal

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Contact Us Today

While having an attorney is not required, it can greatly increase your chances of success in the immigration court. An attorney can help you prepare your case, gather evidence, present legal arguments, and protect your rights during the hearing.


At The Trevino Law Firm, PLLC, we will review your case and look for all possible solutions. If you qualify for a particular program, we will identify and prepare for it. If another type of relief applies, we will strategize and gather supporting documentation to build your case. Speak to our immigration attorneys today by filling out the online form or calling us at 210.227.3200 to schedule a Consultation and to discover what legal options are available.

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Understanding Your Options

Forms of Relief From Removal

Relief can include cancellation of removal (for non-permanent or permanent residents), asylum, withholding of removal, protection under the Convention Against Torture, voluntary departure, and appeals to the Board of Immigration Appeals. Each has different eligibility rules and deadlines.

Find out more
Two Paths, Different Requirements

Cancellation of Removal

To qualify for non-LPR cancellation, you generally must show 10 years continuous physical presence, good moral character, no disqualifying convictions, and that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or permanent resident relative.

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The Lawful Permanent Resident Path

Cancellation of Removal for LPRs

Lawful permanent residents may qualify for cancellation of removal if they have held LPR status for at least 5 years, resided continuously in the U.S. for 7 years after lawful admission, and have not been convicted of an aggravated felony.

Find out more
Three Related but Distinct Protections

Asylum, Withholding, and CAT Relief

Asylum requires a well-founded fear of persecution based on race, religion, nationality, political opinion, or social group, with a one-year filing deadline. Withholding has a higher burden but no deadline. CAT requires showing it is more likely than not you would be tortured.

Find out more
Other Ways to Resolve Your Case

Voluntary Departure and Appeals

Voluntary departure allows you to leave the U.S. by a set date at your own expense, without a formal removal order. If you disagree with the judge's decision, you generally have only 30 days to file a Notice of Appeal with the Board of Immigration Appeals.

Find out more
What to Bring to Your Attorney

Documents That Strengthen Your Case

Bring identity documents, proof of continuous residence, tax returns, criminal history records, and evidence of good moral character. Documents specific to your form of relief, such as country condition reports or family ties, can also strengthen your case.

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Frequently Asked Questions

Do I Have a Right to a Free Lawyer?

No. Unlike criminal court, immigration law does not guarantee a government-appointed attorney. You may hire a private attorney or seek free or low-cost legal aid, but the government will not provide one for you.

Find out more
Frequently Asked Questions

How Long Does a Removal Case Take?

Timelines vary widely based on the immigration court's docket, the type of relief sought, and case complexity. Some cases resolve in months, while asylum or cancellation cases can take years to reach a final decision.

Find out more

Contact Us for a Consultation

Schedule an appointment with one of our office s to discuss your case and explore your options for obtaining legal status in the US.

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Abogado con licencia. No somos notarios. Jorge G. Treviño es abogado con licencia del Estado de Texas y de Illinois. En los Estados Unidos, un "notario público" no es abogado y no puede darle consejo legal ni representarlo ante la corte de inmigración. Si alguien le cobró por llenar formularios y no es abogado, hable con nosotros.


Licensed attorney. Not a notario. Jorge G. Treviño is a licensed attorney in Texas and Illinois. In the United States, a "notario público" is not a lawyer and cannot give you legal advice or represent you in immigration court. If someone charged you to fill out forms and isn't a licensed attorney, talk to us.


The JG Treviño Law Firm, PLLC · Jorge G. Treviño, attorney responsible for the content of this website · Principal office: San Antonio, Texas · Also serving Laredo and Webb County. This website is general information, not legal advice, and contacting us does not create an attorney-client relationship. Copyright © 2026 The JG Treviño Law Firm, PLLC. All rights reserved.

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