Receiving a Notice to Appear is serious, but it is not the end of your case. Our removal defense team represents people in immigration court across the United States, explains every option in plain language, and prepares each hearing so you can present the strongest possible case for staying.
Removal proceedings usually begin when the Department of Homeland Security (DHS) serves a Notice to Appear (Form I-862) and files it with an immigration court. The notice lists the government’s factual allegations and the legal charges of removability. Read it carefully: a wrong date of entry, nationality or status can matter, and we review every allegation before you admit or deny anything. Immigration courts are part of the Executive Office for Immigration Review (EOIR) within the Department of Justice, and attorneys who appear there must be registered with EOIR. Attorney Tolga Ozek is registered with EOIR to practice before the immigration courts and the Board of Immigration Appeals.
Hearings may take place in person, by video or, in some situations, by telephone. The court sets strict deadlines for applications and evidence, and late filings may be refused.
Which defense is available depends on your history, family, time in the United States and any criminal record. Common options include:
If you or a family member is detained by Immigration and Customs Enforcement (ICE), speed matters. Some detained people can ask an immigration judge for release on bond by showing they are not a danger and will attend their hearings. Bond eligibility has narrowed: in Matter of Yajure Hurtado (2025), the Board of Immigration Appeals held that immigration judges lack authority to hold bond hearings for people who entered without inspection, and federal court challenges to that position continue. Other detainees are subject to mandatory detention. We assess eligibility immediately and, where a bond request is possible, gather evidence of family ties, employment, community support and a fixed address.
If you miss a hearing after proper written notice, the judge can order you removed in your absence. An in absentia order can be rescinded only on narrow grounds: a motion within 180 days showing exceptional circumstances, or at any time if you did not receive proper notice or were in custody (INA 240(b)(5)). People ordered removed in absentia after receiving notice of the consequences can also be barred for ten years from several forms of relief. Never skip a hearing. If an emergency prevents you from attending, contact your attorney and the court immediately.
You must notify the immigration court in writing within five days of moving, using Form EOIR-33 (8 CFR 1003.15). You must also update your address with DHS separately. Hearing notices go to the address on file, so an outdated address is a common path to an in absentia order.
You can check your next hearing date, the judge’s decision and appeal status on EOIR’s Automated Case Information portal at acis.eoir.justice.gov by entering your A-Number, or by calling EOIR’s automated line at 800-898-7180. Check regularly, since hearings can be rescheduled with little notice.
These deadlines are short and strictly enforced. Contact us the day you receive a decision.
Ozek Law Firm attorneys are admitted in Maryland, New York and the District of Columbia. California matters are handled with California-licensed co-counsel. Immigration law is federal, so we represent immigration clients across the U.S. and worldwide. Quotes are given at consultation, because the scope of every court case is different.
Tolga Ozek founded Ozek Law Firm and has spent more than 13 years guiding individuals, families, investors and companies through U.S. immigration and business law, in English and Turkish. He is admitted in Washington, D.C., Maryland and New York.
Read it carefully, confirm the court address and hearing date on the EOIR case information portal, make sure the court has your current address, and speak with an immigration lawyer before your first hearing so any deadlines for applications are not missed.
Yes. If you miss a hearing after proper notice, the judge can order you removed in absentia, and such orders can be rescinded only on narrow grounds. You may also become ineligible for several forms of relief for ten years.
Either party may ask the judge to change venue for good cause, for example after a move. The judge decides after the other side has a chance to respond, and until the motion is granted your hearings stay where they are. You must still file Form EOIR-33 within five days of moving.
It is a form of relief that lets certain people keep or obtain permanent residence. Permanent residents need five years of residence as a permanent resident and seven years of continuous residence. Others need ten years of physical presence, good moral character and exceptional and extremely unusual hardship to a qualifying U.S. citizen or permanent resident relative.
It depends on your immigration history and current law. Some detainees can ask a judge for bond, but a 2025 Board decision limited bond hearings for people who entered without inspection and other detainees face mandatory detention. We assess eligibility immediately.
Very little time. Under current regulations most appeals must reach the Board of Immigration Appeals within 10 calendar days of the decision, and certain asylum decisions within 30 days. Contact us immediately after any decision.
Sometimes. A motion to reopen is generally limited to one motion filed within 90 days of the final order, with exceptions such as changed country conditions for asylum and certain in absentia orders.
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