Removal defense: when deportation is on the table.
A Notice to Appear means the government has started removal proceedings. That is the beginning of a court process, not the end of it. Many people in proceedings have real defenses and real paths to relief. Attorney Matthew Fouts worked at the Portland immigration court directly after law school, and our firm defends these cases with that inside understanding of how they actually move.
Removal proceedings under INA § 240 begin when the Department of Homeland Security files a Notice to Appear (Form I-862) with the immigration court. Oregon's non-detained cases are heard at the Portland Immigration Court; detained cases are commonly heard in Tacoma, Washington. Depending on the facts, relief can include cancellation of removal under INA § 240A, asylum under INA § 208, adjustment of status, or voluntary departure under INA § 240B.
How removal cases work
Removal proceedings start with a Notice to Appear. A charging document that states why the government believes you can be removed from the United States. The case is heard by an immigration judge, first at short scheduling hearings (master calendar) and eventually at a full evidentiary hearing on the merits (the individual hearing), where testimony and documents decide the outcome.
Relief depends on the person's history. Long-time residents may qualify for cancellation of removal under INA § 240A; people who fear persecution in their home country may apply for asylum or withholding of removal; some can adjust status through a family relationship even while in proceedings; and where nothing else fits, voluntary departure under INA § 240B can preserve options that a removal order would foreclose.
Criminal history is where removal cases are most often won or lost. Many removability grounds turn on the precise statute of conviction. Because this firm practices criminal defense and immigration law under one roof, we read charging documents both ways: when a criminal case is still open, we work to resolve it in a way that protects immigration status, and when a conviction is already on the record, we analyze exactly what it does and does not make removable.
We handle removal cases for clients across the Willamette Valley in English and Spanish, and every case starts the same way: the attorney reads the Notice to Appear against your actual history (entries, family, any criminal record) because that comparison is what establishes which defenses fit.
Removal Defense questions
What is a Notice to Appear?
The Notice to Appear (Form I-862) is the charging document that begins removal proceedings under INA § 240. It states the factual allegations and the legal grounds on which the government claims you are removable, and it requires you to appear before an immigration judge. Missing a hearing generally results in a removal order issued in your absence, never skip a hearing date.
Does a criminal conviction automatically mean deportation?
No. Some convictions carry serious immigration consequences and others carry none. It depends on the precise statute of conviction, the sentence, and your status. Because we practice both criminal defense and immigration law, we analyze the record conviction by conviction. If you are a non-citizen with an open criminal case, talk to us before accepting any plea: the plea itself can matter more than the sentence.
What defenses or relief exist in removal proceedings?
The main forms of relief are cancellation of removal under INA § 240A (for certain long-time lawful permanent residents and, on a stricter standard, some non-residents), asylum and withholding of removal for people who fear persecution, adjustment of status through a qualifying family relationship, and voluntary departure under INA § 240B. Which of these fits, if any, depends entirely on your history, which is what the consultation establishes.
A family member was detained by ICE. What should we do first?
Find out where they are being held. ICE's online detainee locator works with the person's full name and country of birth, or their A-number. Detained Oregon cases are commonly held and heard in Tacoma, Washington. Detained dockets move fast, so contact a lawyer promptly; in many cases the first fight is a bond hearing to get your family member released while the case proceeds.
Where are Oregon immigration court cases heard?
Non-detained cases for people living in Oregon are generally heard at the Portland Immigration Court, part of the Executive Office for Immigration Review (EOIR). Detained cases are commonly heard in Tacoma, Washington. Immigration court is separate from Oregon's state courts (a different judge, different rules, and different stakes) and it is where our removal-defense practice is focused.
Reviewed by Abraham HansonLast updated 2026-07-24