Claudia Canizares is the founding attorney of Canizares Law Group, LLC, an immigration law firm with a team of dedicated, bilingual (English & Spanish) attorneys. Having come to the United States herself as a teenager, Claudia built the firm around what clients are going through. Discuss your removal case with a Miami immigration attorney at our firm, or read on to learn more.
Miami Deportation Defense Attorneys
Last updated on June 18, 2025
Facing removal proceedings is one of the most stressful experiences an immigrant and their family can go through. Deportation defense is often a last resort: it is only available once someone is already in the middle of a removal case, whether because they have been detained or because they have already received a Notice to Appear. At Canizares Law Group, LLC, our deportation defense attorneys represent clients throughout Miami and nationwide who have been placed in this position. Attorney Claudia Canizares founded this firm as an immigrant herself, and she and her team bring that same understanding to every client who walks through the door or joins a video consultation. If you are not yet in proceedings but believe you may be at risk, for example after an arrest on a separate charge while undocumented, it is worth speaking with an attorney before a Notice to Appear arrives rather than after. Your American dream begins here. Call 305-686-3187 now or send us a message to schedule your consultation.
The Department of Homeland Security oversees immigration enforcement in the United States, and U.S. Immigration and Customs Enforcement is the federal agency responsible for enforcing immigration law and pursuing the removal of individuals it identifies as removable. Regardless of your immigration status, if you are detained or placed in removal proceedings, you have the right to hire an attorney and to have that attorney present at your hearings, though the government is not required to provide one for you at no cost.
Removal proceedings can be triggered for many reasons, including allegations of entering the country without authorization, overstaying a visa, violating the terms of a visa, a criminal conviction, or an allegation that someone poses a threat to national security. Whatever the alleged basis for removal, the process begins with a Notice to Appear, followed by a Master Calendar Hearing where the charges are explained and the person in proceedings responds to them. If the case is contested, it proceeds to an Individual Merits Hearing, which functions much like a trial, with evidence and testimony presented on both sides. An unfavorable decision can typically be appealed to the Board of Immigration Appeals within 30 days, and removal is in most cases stayed while that appeal is pending.
If you or a loved one has received a Notice to Appear from immigration authorities, you have legal options to defend against deportation, and with the right legal strategy, many immigrants successfully overcome removal proceedings and continue their lives in the United States. Our deportation defense attorneys can assess your specific situation and determine which options might work best for your case.
Several forms of relief may be available depending on a person’s specific history and circumstances. Cancellation of removal may be available to lawful permanent residents who meet certain residency requirements, as well as to non-permanent residents who have been continuously present in the country for at least ten years and can show that removal would cause the required level of hardship to a qualifying relative. Asylum may be available to someone who fears persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. Withholding of removal offers similar protection but requires proof that persecution is more likely than not, a higher standard than asylum’s well-founded fear test. Adjustment of status may allow someone with a qualifying family relationship to a U.S. citizen or lawful permanent resident to obtain a green card even while removal proceedings are ongoing. Various waivers may forgive certain immigration violations or criminal convictions where rehabilitation or family hardship can be shown, and a stay of removal may pause deportation while other options are pursued. Nationals of certain countries experiencing armed conflict or natural disaster may also qualify for Temporary Protected Status. In limited situations, immigration authorities retain prosecutorial discretion to decline to pursue a case, though the use of this option has narrowed considerably under current enforcement priorities, so it should not be assumed available and works best alongside an independent form of relief rather than as a stand-alone strategy. If someone in proceedings is being held in custody, depending on factors such as flight risk, community ties, and criminal history, our attorneys can also pursue a bond redetermination hearing, sometimes called a request for an immigration bond, to seek their release while the case moves forward.
The deportation process includes multiple hearings and opportunities to present your case, and the entire process can extend from several months to several years depending on case complexity and court backlogs. Our Miami deportation defense attorneys thoroughly review each client’s immigration history, family situation, and potential relief options to develop a defense strategy suited to their circumstances.
What Is An Immigration Hold?
If you are in jail on a separate criminal matter, an immigration hold, also called an ICE detainer, is a request that the jail keep you in custody for up to 48 hours beyond the point when you would otherwise be released, so that ICE has time to take you into immigration custody instead. In Florida, this is more than just a request in practice: state law requires Florida law enforcement agencies to cooperate with these detainer requests, so a hold placed on someone in Florida is routinely honored. An immigration hold does not mean removal is automatic, and it is worth speaking with an attorney as soon as one is placed, since there may be a narrow window to act.
Can I Apply For A Green Card While In Removal Proceedings?
Yes, if you meet the eligibility criteria for a green card. This is done through “adjustment of status,” which is the process for obtaining permanent residency while remaining in the United States rather than leaving to process a visa abroad. Our attorneys can review your case and let you know whether you qualify.
What Happens In Removal Proceedings?
During removal proceedings, an immigration judge reviews the grounds for removal along with your rights, and you have the opportunity to request bond to seek release from detention while the case is pending. In preparing for the hearing, you can gather documentation and identify witnesses to support your case. At the hearing itself, the government’s attorney presents the case for why you should be removed under federal immigration law, and you have the opportunity to present a defense, including evidence and witness testimony. Having an attorney at every stage of this process helps protect your rights and supports your case.
How Can You Stop Deportation?
Cancellation of removal is one of the main defenses available in removal proceedings, and which version applies depends on whether you already hold lawful permanent resident status. If you are a lawful permanent resident, you may be eligible if you have held that status for at least five years, have resided in the United States continuously for at least seven years, and have not been convicted of an aggravated felony. If you are not a lawful permanent resident, you may still be eligible if you have been continuously present in the United States for at least ten years, have been a person of good moral character throughout that time, and can show that your removal would cause exceptional and extremely unusual hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident. In either case, meeting the basic requirements opens the door to relief, but an immigration judge still has discretion over whether to actually grant it.
Is There Any Other Way To Stop Deportation?
No. You cannot get married solely to avoid deportation, and you cannot suddenly take a new job or enroll as a student simply to stop a removal case. Steps like these may later support a separate, independently qualifying application, such as a marriage-based green card petition, but none of them functions as a defense to removal on its own. The available defenses are the ones described above, and which one applies, if any, depends on the specific facts of the case.
Can You Work While A Deportation Defense Is Underway?
In some situations, yes. If you have a pending asylum claim, a petition for residency through employment, or eligibility for Temporary Protected Status, you may be able to renew your work permit while your deportation defense case moves forward. Whether a work permit renewal is available depends on which relief, if any, you are pursuing, so this is worth raising with your attorney early in the case.
How Can An Attorney Assist In Removal Defense?
If you are facing the possibility of removal, having an experienced attorney on your side matters at every stage. An attorney can advise you on the defense options that may apply to your situation, evaluate every aspect of your case, prepare the documentation needed as the case moves forward, and represent your interests in court. Handling removal proceedings on your own can feel overwhelming, but an attorney can help make sure your rights are protected throughout the process.
What Are The Common Defenses Used In Removal Proceedings?
The defenses available depend on the specific facts of your case. Common options include applying for asylum where returning to your home country would not be safe, challenging the grounds of removability itself, seeking withholding of removal, and seeking protection under the Convention Against Torture. An attorney can review the details of your case and help determine which of these options, or which combination of them, fits your circumstances.
Can Removal Proceedings Be Terminated Or Postponed?
Yes. Just because removal proceedings have started does not mean they must run their full course. Procedural errors can lead to a case being postponed, and if those errors are significant enough, the case can be terminated outright. New evidence can also arise that supports reassessing the case, or a person may become eligible for a form of relief partway through the process. Removal is not automatic just because proceedings have begun, so it is worth continuing to look into your options even after a case is underway.
Every case is different, and there is typically only one opportunity to present it well, so an attorney with experience in removal defense should be involved as early as possible. Our team reviews each client’s immigration history, family ties, and potential relief options to build a defense strategy suited to that individual’s circumstances, and we remain available to answer questions at every stage of the process. Call 305-686-3187 or contact us online to schedule a consultation. We offer phone, video, and in-person appointments, and se habla español.