How do I defend myself in immigration court?
If you’ve received a Notice to Appear (NTA) and a court date, you’re in removal (deportation) proceedings. That sounds scary, but there is a path. Your job is to (1) show up, (2) ask for time if you need it, (3) understand what relief you might qualify for, and (4) bring strong, organized evidence. And if the stakes are high or the rules feel confusing, you should hire an attorney to lead the way.
Step 1: Show up—and ask for time if you need it
Never miss court. If you don’t appear, the judge can order you removed in your absence.
If you need more time to find a lawyer or gather papers, you can ask the judge for a continuance at your first hearing (called a “Master Calendar Hearing”). Keep it simple: explain why you need time and how you’ll use it.
Step 2: Know the two types of hearings
Master Calendar Hearing (MCH): Short, scheduling-focused. You confirm your address, ask for an interpreter, tell the judge whether you admit or deny the allegations in the NTA, and identify what type of relief (legal protection) you want to seek.
Individual Hearing (trial): Longer, evidence and testimony. You (and your witnesses) testify. The government lawyer can cross-examine. The judge decides your case.
Step 3: Understand your rights
You have the right to an interpreter.
You have the right to hire an attorney (at your own expense).
You have the right to see the evidence the government uses, present your own evidence, and call witnesses.
You have the right to appeal if you lose.
Step 4: Decide what kind of relief fits your facts
Not every option fits every person. Common forms of relief include:
Asylum / Withholding / CAT protection: If you fear harm in your home country because of who you are or what you believe.
Cancellation of Removal: For certain people who have lived in the U.S. long enough and meet specific hardship or residency rules.
Adjustment of Status: When you can apply for a green card through a qualifying family or employment relationship.
Waivers / Pardons: Forgive some types of past immigration or certain criminal issues if you meet strict standards.
TPS or Other Humanitarian Programs: If a program applies to your country or situation.
Voluntary Departure: Choosing to depart without a removal order, to avoid extra penalties later.
Each option has detailed eligibility rules. If any of these might apply, it’s wise to hire an attorney to confirm and present your strongest path.
Step 5: Build a simple, strong evidence package
Judges like clear, well-organized files. Aim for:
Identity & history: Passport, birth certificate, prior visas or entries, school/work/medical records.
Country conditions: News, reports, or expert letters that explain the danger you face back home (for protection claims).
Hardship proof: Medical letters, therapy notes, school IEPs, financial records, affidavits from family/friends.
Criminal or prior-case records: Certified copies so the judge sees exactly what happened.
Translations: Any non-English document needs a written translator’s certification.
Put a table of contents on top. Number every page. Make two sets: one for the court, one for the government lawyer. Keep one for yourself.
Step 6: Mind the deadlines and service
The judge sets due dates for filing applications and evidence. Meet them. When you file something with the court, you must also “serve” a copy on the government’s attorney (the Department of Homeland Security/ICE Office of the Principal Legal Advisor). Keep proof of how and when you sent it.
Step 7: Prepare to testify
Your story matters. Be truthful, specific, and consistent. Dates, places, and details help.
Practice out loud. Short sentences. Answer the question asked. If you don’t know or don’t remember, say so.
Witnesses: Choose people who have first-hand knowledge. They should know dates, facts, and be calm and respectful.
Step 8: In the courtroom
Arrive early. Dress neatly. Bring your organized file.
Use the interpreter if you need one. Tell the judge if you don’t understand.
Take notes while the government lawyer asks questions. Stay calm.
At the end, ask the judge for a written decision and, if needed, explain you will appeal.
Step 9: If you lose—don’t panic
You typically have 30 days from the judge’s written decision to file an appeal to the Board of Immigration Appeals (BIA).
A removal order is serious. If you plan to appeal, ask about a stay of removal and how to request one the right way.
Appeals are technical. This is a key moment to hire an attorney to protect you.
When you should hire an attorney (even if you started alone)
You have a criminal record, old removal orders, or prior immigration filings.
You’re thinking about asylum, cancellation, or a waiver—these are complex.
You have deadlines you might miss, or the court set a trial date.
Your case involves abuse, trafficking, or special humanitarian claims.
You simply feel overwhelmed. A good lawyer will carry the load, spot defenses you might miss, and present your facts in the best light.
Quick mini-templates you can adapt
Continuance Request (to ask for more time at the first hearing):
“Your Honor, I received the NTA recently and I’m actively seeking a lawyer. I need time to gather records and consult counsel. I respectfully request a continuance and I will keep my address current.”
Witness List (cover page for your trial):
“Respondent’s Witness List: (1) [Name, relationship, brief summary of what they know]; (2) [Name…]. All witnesses are available to testify and understand they must tell the truth.”
Evidence Index (first page of your packet):
“Respondent’s Exhibit List: A—Passport copy; B—Medical letter for spouse; C—Country report excerpt; D—Affidavit of neighbor; E—Photos of injuries; F—Police report. All non-English documents include certified translations.”
Final thoughts
You can defend yourself by showing up, asking for time when you need it, choosing the right form of relief, and presenting clean, honest, organized evidence. But immigration court is high-stakes and rule-heavy. When freedom, family unity, or your long-term future is on the line, the safest move is to hire an attorney who knows this system and can fight for you.
If you have any questions about how to defend yourself, please let us know! We can connect you with an experienced immigration attorney anytime.