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Guides to Defending Yourself in Immigration Court

Have you or someone you know been detained by immigration officials? 
Have you or someone you know been given a Notice to Appear in Immigration Court?

It is very important to get a lawyer to help you with your case. However, there are many people who cannot afford a lawyer and cannot find a lawyer who will help them at no cost. If you find yourself in this situation, these guides, developed by a team of experienced lawyers from the Michigan Immigrant Rights Center (MIRC), provide information to help you defend yourself in Immigration Court.

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A. Immigration Bonds 

This guide explains how to ask for release from detention through an immigration bond.

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B. Asylum, Withholding of Removal & Convention Against Torture

This guide explains how to apply for protection from deportation if you are afraid to return to your home country.

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C. Voluntary Departure & Removal

This guide explains how to ask for “voluntary departure” if you are not eligible for a defense against deportation or you decide to return to your home country.

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D. LPR Cancellation of Removal

This guide explains how to apply to “cancel” your deportation if you are a lawful permanent resident who is in deportation proceedings after being charged with a criminal offense or immigration violation.

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E. 10-Year Cancellation of Removal

This guide explains how to apply to “cancel” your deportation if you have lived in the U.S. for the past 10 years with “good moral character” and if you have a qualifying family member who will suffer exceptional and extremely unusual hardship if you are deported.

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F. Appeals

This guide explains how to ask for a different result if you lose your case in Immigration Court. It also explains how to respond if you win your case but the government files an appeal.

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Frequently Asked Questions

This guide provides an overview of how to prepare and what to expect in court.

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Before submitting an application

Before submitting an application for any form of relief or defense against deportation, review all government instructions.

 

Paper copies of government forms, lists of local attorneys, and additional resources might be available at a Self-Help Legal Center at the Immigration Court. If the court where your case will be heard also has an Immigration Court Helpdesk, you can ask for assistance there.

If you need help

  • For legal advice and additional resources, contact a legal services provider in your area. Check out a list of providers.
     

  • Do not sign anything you do not understand. If you have questions, call a legal services provider in your area.

 

  • For links to instructions and examples of forms, documents, and motions you will need to submit, visit ijl.fyi/mirc-resources

IMPORTANT: The Executive Office of Immigration Review (EOIR) did not author these guides. None of the information in these guides should be seen as legal advice. Please consult with an attorney about your individual case, especially if you have a criminal record in any country.

Get in Touch

These materials may be distributed freely under a creative commons license, CC BY-NC-ND 4.0.

 

If you are a legal practitioner or a representative of a non-profit or community organization and you would like to alter these guides for use with your local population, we are delighted to discuss that option with you. 

The Guides to Defending Yourself in Immigration Court  were produced by the Immigrant Justice Lab with support and collaboration from the Carceral State Project at the University of Michigan and in partnership with the Michigan Immigrant Rights Center.

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