Removal Defense & Relief from Removal Attorney in Silver Spring, Maryland

Understanding Removal Proceedings

Removal proceedings begin when the Department of Homeland Security (DHS) files a Notice to Appear (NTA) with the immigration court, charging that a noncitizen is removable under the Immigration and Nationality Act. Common grounds of removability include unlawful presence, visa overstay, criminal convictions, fraud or misrepresentation, and smuggling.

Once in proceedings, the respondent appears at an initial 'master calendar hearing' before an Immigration Judge (IJ). If the respondent contests removability or applies for relief, the case is scheduled for an 'individual merits hearing' where witnesses testify, evidence is presented, and the IJ issues a decision.

Having experienced legal representation at every stage is critical. Unrepresented individuals in immigration court are far more likely to be ordered removed in absentia or to miss filing deadlines for relief applications.

• Master calendar hearings and pleadings
• Challenging the factual and legal basis for removal charges
• Applications for relief from removal
• Individual (merits) hearings and evidentiary submissions
• Post-hearing briefs and closing arguments
• Appeals to the Board of Immigration Appeals (BIA)
• Federal court petitions for review

Forms of Relief from Removal

Even if a person is removable, numerous forms of relief may allow them to remain in the United States. Attorney Fogam carefully evaluates every client's history to identify all potentially available forms of relief and pursues the most compelling applications.

• Cancellation of Removal for LPRs (10 years of continuous residence, good moral character, extreme hardship to qualifying relatives)
• Cancellation of Removal for Non-LPRs (10 years of continuous physical presence, good moral character, exceptional and extremely unusual hardship to qualifying relatives)
• Adjustment of Status before the Immigration Judge (if an immigrant visa is immediately available)
• Asylum and Withholding of Removal (fear of persecution)
• Convention Against Torture (CAT) protection
• Voluntary Departure (preserves ability to return legally)
• Prosecutorial Discretion and DHS Enforcement Priorities
• Administrative Closure for low-priority cases

Criminal Convictions and Immigration Consequences

A criminal conviction can trigger removal proceedings even for lawful permanent residents who have lived in the United States for decades. Certain convictions — particularly aggravated felonies and crimes involving moral turpitude (CIMTs) — dramatically narrow the forms of relief available and may result in mandatory detention.

Attorney Fogam works closely with criminal defense counsel to advise non-citizen clients on the immigration consequences of criminal pleas before they are entered. This 'pre-plea' immigration consultation, required by Padilla v. Kentucky, can make the difference between a plea that preserves immigration status and one that results in mandatory deportation.

For clients who have already been convicted, we evaluate all available post-conviction relief strategies, including motions to vacate and immigration court defenses.

• Pre-plea immigration consequence advisals (Padilla consultations)
• Assessment of aggravated felony and CIMT bars to relief
• Post-conviction relief strategies to eliminate or mitigate immigration consequences
• Appeals of removal orders where conviction creates the removability charge
• Particularly serious crime analysis for asylum applicants

Detention and Bond Hearings

Many individuals in removal proceedings are detained by ICE (Immigration and Customs Enforcement) while their cases are pending. Detained individuals face additional pressure: limited ability to gather evidence, stressful conditions, and often longer case timelines.

Attorney Fogam files emergency motions for bond hearings, argues for release based on ties to the community and lack of flight risk, and where detention is mandatory, pursues every available avenue for release or faster case resolution.