When you or a loved one faces removal proceedings, the stakes could not be higher. Our deportation defense attorneys represent individuals before immigration judges in Albany, Buffalo, and New York City immigration courts, pursuing every available form of relief to keep families together and protect the futures of those we serve throughout the Capital District and beyond.
Removal proceedings — commonly referred to as deportation proceedings — are among the most consequential legal matters a person can face. A removal order means forced departure from the United States, separation from family, loss of employment, and potential bars to ever returning. At Mandi Law Group in Albany, our deportation defense attorneys represent individuals throughout the Capital District and greater New York who are facing removal before the immigration courts, fighting to protect their right to remain in the country they call home.
Removal proceedings are initiated when the Department of Homeland Security (DHS) files a Notice to Appear (NTA) with the immigration court, charging the individual with one or more grounds of removability under the Immigration and Nationality Act (INA). These charges may arise from unlawful presence, visa overstays, criminal convictions, fraud or misrepresentation, or other grounds. The proceedings take place before an immigration judge in the Executive Office for Immigration Review (EOIR) and can involve master calendar hearings, bond hearings, and individual (merits) hearings where the respondent presents their case for relief.
U.S. immigration law provides several forms of relief from removal, but each has specific eligibility requirements, legal standards, and evidentiary burdens. Available forms of relief may include asylum, withholding of removal, protection under the Convention Against Torture (CAT), cancellation of removal for both permanent residents and non-permanent residents, adjustment of status, waivers of inadmissibility, voluntary departure, and prosecutorial discretion. Identifying and pursuing the correct form of relief — or multiple forms simultaneously — requires a deep understanding of the law and careful case preparation.
Experienced legal representation is critical in removal proceedings. Unlike criminal defendants, respondents in immigration court have no right to a government-appointed attorney. Studies consistently show that represented individuals are significantly more likely to obtain relief from removal than those who appear without counsel. Our attorneys bring thorough preparation, aggressive courtroom advocacy, and a commitment to exploring every viable defense to each case we handle in the Albany, Buffalo, and New York City immigration courts.
A Notice to Appear (NTA) is the start of formal removal proceedings against you. Immediate legal counsel is critical — missing a court date can result in an in absentia deportation order that is extremely difficult to reverse. Contact our office immediately to discuss your defense options.
(518) 698-0347Our deportation defense practice covers every stage of removal proceedings, from the initial bond hearing through the final appeal. Each case receives aggressive, thorough advocacy.
When the Department of Homeland Security initiates removal proceedings, the consequences of an unfavorable outcome are severe — permanent separation from your family, career, and community. Our attorneys represent respondents at every stage of the removal process before the immigration courts in Albany, Buffalo, and New York City. We challenge the factual and legal basis of removability charges, advocate aggressively at bond hearings to secure release from detention, prepare thorough cases for master calendar and individual hearings, and advise clients on voluntary departure when it is strategically advantageous. Every case begins with a comprehensive review of the Notice to Appear (NTA) and the respondent's full immigration and criminal history to identify the strongest available defense.
Individuals placed in removal proceedings who fear persecution in their home country may apply for asylum defensively before an immigration judge. Defensive asylum claims require demonstrating a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Our attorneys prepare detailed asylum applications supported by comprehensive country conditions evidence, expert declarations, and corroborating documentation. We also represent clients in credible fear and reasonable fear interviews, pursue withholding of removal under Section 241(b)(3) of the INA, and seek protection under the Convention Against Torture (CAT) when applicable. Thorough preparation of the evidentiary record is critical — immigration judges evaluate both the credibility of the applicant and the strength of the supporting evidence.
Cancellation of removal is a discretionary form of relief that allows certain individuals in removal proceedings to obtain lawful permanent resident status or to avoid deportation. Non-permanent residents who have been physically present in the United States for at least 10 continuous years, can demonstrate good moral character, and can prove that removal would result in exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident relative may be eligible for cancellation under INA Section 240A(b). Lawful permanent residents who have held their status for at least 5 years, have resided continuously in the United States for at least 7 years, and have not been convicted of an aggravated felony may apply under INA Section 240A(a). Our attorneys conduct exhaustive analyses of physical presence requirements, evaluate hardship factors with supporting medical, psychological, and financial evidence, and present compelling cases to the immigration judge.
When an immigration judge issues an unfavorable decision, the case is not necessarily over. Respondents have the right to appeal to the Board of Immigration Appeals (BIA) within 30 days of the decision. Our attorneys prepare detailed appellate briefs challenging errors of law and fact, arguing for reversal or remand of adverse decisions. If the BIA affirms, we can file a petition for review with the appropriate federal circuit court — typically the Second Circuit for cases originating in New York. We also file motions to reopen proceedings based on changed country conditions, newly discovered evidence, or ineffective assistance of prior counsel, as well as motions to reconsider when the immigration judge or BIA misapplied the law. Appellate advocacy requires meticulous legal research and persuasive written advocacy, and our attorneys bring both to every appeal.
Aggressive defense strategies across all removal proceedings, with specialized representation for individuals facing deportation in CT & NY.
Defending Your Right to Stay
Aggressive advocacy in immigration courts across New York
Removal proceedings involve critical deadlines, complex legal standards, and life-altering consequences. Understanding these key factors can make the difference between remaining in the United States and being deported.
A Notice to Appear (NTA) is the charging document that initiates removal proceedings in immigration court. If you fail to appear at your scheduled hearing, the immigration judge can order you removed in absentia — meaning a deportation order is entered without you present to defend yourself. In absentia orders can be extremely difficult to reopen, and they carry serious collateral consequences including bars to future immigration relief. If you receive an NTA, contact an immigration attorney immediately and attend every court hearing without exception.
Removal proceedings are governed by strict deadlines that cannot be missed. Applications for relief — including asylum, cancellation of removal, and adjustment of status — must be filed by the deadlines set by the immigration judge. Appeals to the Board of Immigration Appeals must be filed within 30 days of the immigration judge's decision. Motions to reopen based on in absentia orders generally must be filed within 180 days or demonstrate exceptional circumstances. Missing any of these deadlines can permanently foreclose your right to the relief you were seeking.
Criminal history is one of the most significant factors in removal proceedings. Convictions classified as aggravated felonies under the Immigration and Nationality Act can permanently bar most forms of relief, including cancellation of removal and asylum. Crimes involving moral turpitude, drug offenses, firearms offenses, and domestic violence convictions each trigger specific grounds of removability and bars to relief. In some cases, post-conviction relief — such as vacating a conviction based on ineffective assistance of criminal counsel — may restore eligibility. Our attorneys work closely with criminal defense attorneys to evaluate the immigration consequences of criminal convictions and pursue every available avenue.
Experienced deportation defense attorneys examine every potential form of relief before conceding removability or accepting an unfavorable outcome. The available options may include asylum, withholding of removal, Convention Against Torture protection, cancellation of removal, adjustment of status through a family petition or approved visa petition, waivers of inadmissibility, voluntary departure, prosecutorial discretion, deferred action, private bills, and stays of removal. No option should be dismissed without a thorough legal analysis. Our attorneys conduct a comprehensive review of your case to ensure that no viable avenue of relief is overlooked.
Eligibility for relief from removal depends on your immigration status, length of presence in the U.S., criminal history, and family ties. Below is a summary of the most common forms of relief and their key requirements.
From the moment you contact our office to the final resolution of your case, our attorneys follow a rigorous process designed to build the strongest possible defense and pursue every available form of relief.
We begin with an urgent, thorough review of the Notice to Appear, the charges of removability, your immigration history, and your criminal record (if any). We identify every potential form of relief available and develop a comprehensive defense strategy tailored to your case.
Our attorneys represent you at master calendar hearings, argue for bond to secure your release from detention, challenge the government's charges of removability, and file the appropriate applications for relief — whether asylum, cancellation of removal, adjustment of status, or another form of protection.
At the individual hearing (merits hearing), we present evidence, examine and cross-examine witnesses, introduce country conditions reports and expert testimony, and argue the law to the immigration judge. Thorough preparation and persuasive courtroom advocacy are essential at this stage.
If the immigration judge issues an unfavorable decision, we file a timely appeal to the Board of Immigration Appeals, prepare comprehensive appellate briefs, and pursue petitions for review in federal court when necessary. We also file motions to reopen or reconsider as circumstances warrant.
Answers to some of the most frequently asked questions about deportation defense and removal proceedings. Every situation is unique — consult with our attorneys for guidance specific to your case.
If you receive a Notice to Appear (NTA), do not ignore it. The NTA is the document that formally places you in removal proceedings before an immigration judge. Contact an experienced immigration attorney immediately. Your attorney will review the NTA for any deficiencies in the charges, advise you on your rights, identify potential forms of relief, and represent you at all court hearings. Do not miss your court date under any circumstances — failure to appear can result in an in absentia removal order, which is extremely difficult to reverse. Bring the NTA and all related documents to your consultation so your attorney can begin preparing your defense without delay.
In many cases, yes. If you are detained by Immigration and Customs Enforcement (ICE), you may request a bond hearing before an immigration judge. The judge will evaluate whether you are a flight risk or a danger to the community. If the judge determines you are not, bond may be set — typically ranging from $1,500 to $25,000 or more, depending on the circumstances. However, certain individuals are subject to mandatory detention and are not eligible for bond, including those with certain criminal convictions and those arriving at the border without valid documents. Our attorneys advocate vigorously at bond hearings, presenting evidence of community ties, employment, family relationships, and lack of criminal history to secure the lowest possible bond or release on recognizance.
Cancellation of removal is a form of relief that allows individuals in removal proceedings to obtain lawful permanent resident status (for non-LPRs) or retain their existing status (for LPRs). Non-permanent residents must show 10 years of 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 lawful permanent resident spouse, parent, or child. Lawful permanent residents must demonstrate 7 years of continuous residence, 5 years of LPR status, and no aggravated felony conviction. Both forms are discretionary — the immigration judge considers the totality of the circumstances. Our attorneys evaluate your eligibility, gather comprehensive evidence of hardship and equities, and present a compelling case to the court.
Yes. Individuals in removal proceedings can apply for asylum defensively before an immigration judge. To qualify, you must demonstrate that you have suffered past persecution or have a well-founded fear of future persecution on account of your race, religion, nationality, membership in a particular social group, or political opinion. Asylum applications generally must be filed within one year of arrival in the United States, though exceptions exist for changed or extraordinary circumstances. In removal proceedings, you may also apply for withholding of removal and protection under the Convention Against Torture (CAT), which have different legal standards. Our attorneys prepare thorough applications supported by country conditions evidence, expert declarations, and detailed personal declarations to present the strongest possible case.
A criminal record can significantly affect your removal case, but it does not automatically mean you will be deported. The impact depends on the specific offenses, the severity of the convictions, and how they are classified under immigration law. Aggravated felonies — a broad category under the INA that includes offenses such as murder, drug trafficking, theft offenses with a sentence of one year or more, and certain fraud offenses — carry the most severe immigration consequences and bar most forms of relief. Crimes involving moral turpitude, controlled substance offenses, and domestic violence convictions also trigger specific grounds of removability. Our attorneys analyze each conviction under the categorical and modified categorical approach, explore post-conviction relief options such as vacating convictions obtained through deficient counsel, and identify any remaining forms of immigration relief available despite the criminal history.
The duration of removal proceedings varies significantly depending on the immigration court, the complexity of the case, and whether relief applications are filed. In the Albany and Buffalo immigration courts, cases can take anywhere from several months to several years from the initial master calendar hearing to the final individual hearing. Cases involving asylum claims, cancellation of removal, or other forms of relief typically require multiple court appearances and substantial preparation time. Backlogs in the immigration court system have grown significantly in recent years, leading to longer wait times in many jurisdictions. Our attorneys keep clients informed about scheduling, prepare thoroughly for each hearing, and advocate for timely adjudication when possible.
In certain circumstances, yes. If you were ordered removed in absentia (because you did not appear at your hearing), you may file a motion to reopen within 180 days if you can demonstrate exceptional circumstances for your absence, or at any time if you did not receive proper notice of the hearing. If an immigration judge denied your claim for relief after a full hearing, you can appeal to the Board of Immigration Appeals within 30 days. If the BIA affirms, you can file a petition for review with the federal circuit court. Additionally, motions to reopen based on changed country conditions (for asylum cases) or newly discovered evidence may be filed under certain conditions. Prior removal orders can also be rescinded in limited situations. Our attorneys evaluate the basis for the original order and pursue every available avenue to challenge or reverse it.
Voluntary departure allows an individual in removal proceedings to leave the United States at their own expense by a specified date, rather than being formally ordered removed. The primary advantage is that voluntary departure avoids the legal consequences of a formal removal order — including potential bars to reentry of 5, 10, or 20 years, and permanent bars in some cases. To qualify, you generally must demonstrate good moral character, the ability to pay for your departure, and compliance with other requirements. Voluntary departure can be requested at the master calendar hearing (pre-hearing) or at the conclusion of the individual hearing (post-hearing), with different requirements for each. However, if you fail to depart by the specified date, you face penalties including fines and a 10-year bar to several forms of immigration relief. Whether voluntary departure is the right strategy depends on your individual circumstances, including whether you have viable claims for relief. Our attorneys advise you on whether this option serves your long-term immigration goals.
Our immigration practice covers the full spectrum of matters before USCIS, immigration courts, and consulates.
Our attorneys provide comprehensive legal services across multiple practice areas.
Helping families stay together through marriage-based green cards, fiance visas, family reunification petitions, and relative sponsorship applications.
Strategic visa solutions for employers and professionals, including H-1B specialty workers, L-1 transfers, EB-5 investors, and PERM labor certification.
Guiding lawful permanent residents through the naturalization process, from application preparation and test readiness to interview coaching and document review.
Aggressive defense for individuals facing removal proceedings, including asylum claims, cancellation of removal, and appeals before immigration courts.
Compassionate representation for individuals seeking protection from persecution, including asylum applications, refugee processing, and CAT protection claims.
Comprehensive immigration compliance solutions for businesses, including I-9 audits, global mobility programs, and immigration policy development.
Experienced advocacy for individuals seeking waivers of inadmissibility, including I-601 hardship waivers, I-601A provisional waivers, and fraud waivers.
Dedicated legal support for crime victims seeking U-visa immigration relief, including certification assistance, application filing, and family derivative petitions.
Skilled appellate representation before the BIA and federal courts, including motions to reopen, motions to reconsider, and appeals of adverse immigration decisions.
Whether you have received a Notice to Appear, are detained by ICE, or have been ordered removed and need to explore your options, our experienced deportation defense attorneys are here to fight for you. Every consultation is confidential and without obligation.