Knoxville TN Deportation and Removal Lawyers

 Deportation, officially known as removal proceedings, is the formal process by which a noncitizen may be required to leave the United States for violating immigration laws. This process can be initiated through multiple channels and can have serious consequences. This guide explains how deportation works, what defenses may be available, and what individuals can expect during the process.

According to USA.gov, deportation may be initiated if a noncitizen is suspected of violating immigration law—such as entering without authorization, overstaying a visa, or participating in certain criminal activities 

• A person may be detained by U.S. Immigration and Customs Enforcement (ICE) following arrest or encounter.
   
• An immigration judge may then issue a Notice to Appear (NTA), initiating formal removal proceedings in immigration court.
   

• During regular removal proceedings, the individual has the opportunity to present defenses in immigration court. ICE and the individual each may present evidence and legal arguments before an immigration judge.
   
• If removal is ordered, appeals may be filed with the Board of Immigration Appeals (BIA), and ultimately in federal courts, though filing an appeal generally does not automatically delay removal unless a stay is specifically granted.
   

• In certain cases—such as recent unauthorized entries or fraud—CBP or ICE may initiate expedited removal without a formal court hearing. Individuals may be detained and removed unless they express fear of return and pass a fear screening interview .
   
• Recent policy changes (effective January 2025) allow expedited removal operations throughout the U.S. if a person cannot demonstrate continuous presence for two years .
   

• If a person previously had a removal order and left the U.S., reentering unlawfully can trigger reinstatement of removal. DHS may issue a notice (Form I‑871) and reinstate the prior order, often without reopening a full proceeding. The person may submit a written or oral statement to challenge reinstatement, and appeals can be filed within 30 days of the decision—but removal may proceed unless a court grants a stay .
   

• In certain cases, individuals may sign a stipulated removal agreement, waiving rights to a hearing or appeal and agreeing to immediate deportation. A judge must approve this in writing. This procedure is only available in regular removal proceedings—not expedited or reinstatement cases—and requires legal representation .
   

Many individuals in removal proceedings are eligible to raise one or more defenses to avoid deportation. These are often referred to as relief from removal.

• At the initial court appearance, individuals may contest the removability charge—for example, by arguing the government lacks sufficient evidence. If successful, the case may be terminated. Importantly, honesty is critical, as inconsistent statements may undermine credibility and damage eligibility for relief .
   

If an individual fears returning to their home country due to persecution on account of race, religion, nationality, political opinion, or membership in a particular social group, they may apply for asylum, withholding of removal, or protection under the Convention Against Torture (CAT).
 

Asylum requires a credible fear standard (typically >10% chance of persecution), while withholding and CAT require a higher threshold—“more likely than not” (>50%) .
 

CAT does not lead to permanent residency, but may protect an individual from removal.
 

A person who meets certain criteria may apply for cancellation of removal, potentially obtaining lawful permanent residence:
 

• Non‑permanent residents typically must show at least 10 years of continuous presence, demonstrate good moral character, and prove removal would cause “exceptional and extremely unusual hardship” to a U.S. citizen or lawful permanent resident relative .
   
• Permanent residents have separate standards (e.g., at least five years as an LPR, seven years physical presence, no disqualifying convictions), but that pathway also ends removal proceedings if granted .
   

• Under some circumstances, proceedings may be terminated or administratively closed, for example when jurisdiction is unclear, a qualifying immigrant petition is pending, or procedural errors exist in the government’s case .
   

• If eligible, a person may request voluntary departure, allowing them to leave the U.S. at their own expense rather than under a removal order—which can help avoid more serious bars to future return .
   

• Removal timelines vary. In some cases—especially with countries accepting return—removal can occur within days or weeks after a final order. Individuals from certain countries may be deported within a week or two of the final decision .
   
• If ICE cannot complete removal within 90 days of a final order, the person may be eligible for supervised release, subject to certain reviews and conditions .
   

• Detention is common, and some policies now include arrests at courthouses or immediately following hearings—even if the case was dismissed—posing risks to due process and court participation .
   
• Reports indicate increased ICE presence in and around courts and more frequent arrests of people attending hearings, including asylum seekers or persons whose proceedings were resolved in their favor .
   

• In 2025, ICE removed more than 140,000 people and is on track for potentially over a million. Enforcement includes aggressive tactics, expanded detention capacity—such as new camps—and arrests in sensitive locations, drawing criticism over civil rights implications .
   
• A growing number of people removed are non-criminal or have orders of deportation but are still subject to arrest due to expanded policies .
   

• Multiple pathways exist to challenge deportation, depending on personal circumstances. These include asylum claims, cancellation of removal, adjustment of status, administrative closure, withholding or CAT, and voluntary departure.
   
• Removal procedures can be initiated through regular proceedings, expedited removal, reinstatement, or stipulated removal—each with different rights, hearing access, and timeframes.
   
• Honest, accurate statements are crucial. Inconsistent or false claims may undermine any form of relief.
   
• Timelines may be short. Once a removal order is final, the individual may be removed within days or weeks unless stays or appeals are in place.
   
• Increased enforcement activity, including arrests in court or outside hearings, has affected procedural fairness. Staying informed about rights and options is essential.

 If you have received a Notice to Appear, been detained by ICE, or are concerned about your immigration status, contact Herrera Still, PLLC for further information about what legal avenues may be available. We work with individuals to identify potential forms of relief from removal and explain procedural steps—such as motions to terminate, possibilities for adjustment of status, or claims like asylum or cancellation of removal. Each case is unique, and eligibility for specific defenses depends on factors such as length of U.S. presence, family ties, criminal history, and circumstances in the home country.