Deportation defense covers every stage of a removal case, from the first notice to orders that have already been entered. What is available depends on your history and the stage of your case.
Removal proceedings
Legal strategy and representation for people the government is seeking to remove from the United States.
Immigration court representation
Preparing filings and evidence, and appearing with you at master calendar and individual hearings.
ICE detention
Assessing a detained person's case quickly, including where they are held, their history and the procedural options available.
Immigration bond
Reviewing whether a bond hearing or another release option may be available, and preparing the request.
Notice to Appear review
Checking the allegations, the charges and the hearing details in the NTA, and planning the response.
Motions to reopen
Evaluating whether a closed immigration or removal case may qualify to be reopened, and within which deadlines.
In absentia removal orders
Reviewing orders entered after a missed hearing, including whether the notice of the hearing was properly given.
Prior removal orders
Assessing where an older order leaves you today and which legal options, if any, remain open.
ICE detention
Has someone you love been detained by ICE?
If you or a family member has been detained by U.S. Immigration and Customs Enforcement (ICE), the options depend on the person's immigration history, how they entered the United States, any prior orders or arrests, where they are held and the stage of the case.
Call us, or send the case review form with what you know so far. Missing details are fine.
Any prior removal orders, deportations or court cases
Any arrests or criminal charges, in any country
Documents received, such as a Notice to Appear
To find where someone is held, use the ICE Online Detainee Locator with their A-number, or their name and country of birth.
Case review
Tell us what happened
A few quick questions help us understand your situation and decide on the right next step. It takes about two minutes.
Why Totu Legal
Why clients choose us
U.S. immigration counsel
Your matter is led by an attorney licensed by the State Bar of California. Immigration law is federal, so that license covers clients anywhere in the U.S.
A U.S. and Polish perspective
For Polish clients and families whose lives span both countries, we handle the U.S. case and the Polish documents and records it may need.
English and Polish
Discuss a complicated, high-stakes matter in the language you understand best.
Beverly Hills and Warsaw
Offices in both countries, with consultations and most of the work done remotely.
Direct, practical communication
We explain the process in plain language and tell you exactly which information and documents we need next.
Scope and fee before you commit
If we can represent you, you get the scope of work and the fee in writing before the engagement starts.
Your attorney
Meet your attorney
Marcin Podskarbi · Founder & Attorney at Law
Marcin Podskarbi is the founder of Totu Legal and the attorney responsible for its legal work. He is licensed by the State Bar of California and admitted to the Warsaw Bar Association, and he works with clients in English and Polish.
State Bar of California
License No. 317610 · Active · Admitted December 5, 2017
“Highly recommend. Totu Legal handled our complex I-130 visa case with expertise and dedication. Marcin Podskarbi guided us through every step, and throughout the whole lengthy process he was available to answer questions. Thanks to his hard work and relaxed, reassuring manner, our case was successful - I'm very satisfied and wouldn't hesitate to reach out again for any other legal counsel.”
“Wspolpracowalam z kancelaria Totu Legal w ramach aplikacji o wize inwestorska. Pan adwokat, Marcin Podskarbi wykazal sie niezmiernie fachowa pomoca przy wdrozeniu mojej firmy na terenie USA. Szybki kontakt, ogromna wiedza jesli chodzi o prawo imigracyjne i porady biznesowe. Pragmatyczne i indywidualne podejscie do sprawy. Pan Marcin Podskarbi jest bardzo zyczliwy i gotowy do pomocy. Nasza wspolpraca zakonczyla sie sukcesem za co jestem bardzo wdzieczna. Bardzo polecam!”
“I highly recommend Totu Legal. We've worked with Marcin for a few years now and has always been attentive to our needs and questions. He's very knowledgeable in the immigration space both in Poland and in the United States. Most importantly Marcin is able to layout the process and create a plan that focuses on the client first.
I highly recommend working with Marcin on your next legal case in Poland or in the US”
Removal proceedings are the immigration court process in which the U.S. government asks an immigration judge to decide whether a person can stay in the United States or must leave. “Deportation” is the common word; “removal” is the legal term.
The cases are heard by immigration judges of the Executive Office for Immigration Review (EOIR), part of the U.S. Department of Justice. The government is represented by attorneys for the Department of Homeland Security (DHS).
What is a Notice to Appear?
A Notice to Appear, or NTA (Form I-862), is the document the government uses to start removal proceedings before an immigration court.
It lists the factual allegations against you, the legal charges of removability and, usually, the court and hearing date. Proceedings begin when DHS files the NTA with the court. An NTA is not a removal order, and it should never be ignored.
What do we review first in a Notice to Appear?
When a client brings us an NTA, we start with the details that shape the whole case and its deadlines:
Whether the personal details and the factual allegations are accurate
Which charges of removability are listed, and whether they fit the facts
The court, the hearing date and whether the hearing is in person or by video
Whether the mailing address on file is current, so no notice is missed
Prior immigration history that may open, or close, forms of relief
What happens in immigration court?
A removal case usually starts with a short master calendar hearing, where the judge reviews the charges and you state whether you will apply for relief. If you do, the case is scheduled for an individual hearing, where evidence and testimony are presented and the judge decides.
You have the right to be represented by a lawyer in immigration court, but not at the government's expense. You can check your hearing date with your A-number through EOIR's Automated Case Information system.
How is ICE detention different from removal proceedings?
ICE detention is custody: U.S. Immigration and Customs Enforcement (ICE) holding a person while their immigration case is pending or while a removal order is carried out. Removal proceedings are the court case that decides whether the person can stay.
A person can be in removal proceedings without being detained, and some detained people already have a final order and no pending court case. Which situation applies changes the next step completely.
What is an immigration bond?
An immigration bond is a sum paid to secure a detained person's release while their case continues, on the condition that they attend every hearing.
ICE may set a bond, and in some cases an immigration judge can review it at a bond hearing. Many detained people are not eligible, for example because of how they entered the U.S., a prior order or certain criminal history, and the rules on who qualifies have changed significantly since 2025. Eligibility has to be checked case by case.
What is a removal order?
A removal order is a decision, usually by an immigration judge, that a person must leave the United States.
An order can generally be appealed to the Board of Immigration Appeals within 30 days. Once final, it can be enforced by ICE, and removal under an order usually bars a person from returning for years.
What happens if you miss an immigration court hearing?
If you miss a hearing, the judge can order you removed in your absence. This is called an in absentia removal order.
Such an order may be rescinded through a motion to reopen in limited situations: generally within 180 days if the absence was caused by exceptional circumstances, or at any time if you did not receive proper notice of the hearing or were in federal or state custody. Whether that applies depends on the facts and the court record.
What is a motion to reopen?
A motion to reopen asks the immigration court or the Board of Immigration Appeals to reopen a closed case, usually because of new facts or evidence that were not available before.
Strict limits apply: generally one motion, filed within 90 days of the final order, with exceptions for in absentia orders, changed country conditions in asylum cases and a few other situations. Filing a motion does not by itself stop a removal; a stay may need to be requested separately.
What defenses or relief from removal may be available?
Depending on your immigration history, family and how you entered the United States, an immigration judge may be able to grant relief. The most common forms are:
Cancellation of removal, with separate requirements for green card holders and for others
Asylum, withholding of removal and protection under the Convention Against Torture
Adjustment of status to permanent residence, for example through a U.S. citizen spouse
Voluntary departure, which avoids a formal removal order
Challenging the charges themselves when the facts or the law don't support them
Already have a removal order?
If an immigration judge has already ordered removal, the next step usually involves a different procedure, such as a motion to reopen, a motion to reconsider or an appeal. Whether any of them is available depends on deadlines, how the order was entered and what has changed since.
Yes. Totu Legal handles U.S. immigration matters involving removal proceedings, immigration court, ICE detention, immigration bond and motions to reopen, subject to a review of each case.
What should I do if I receive a Notice to Appear?
Read it carefully, note the court and any hearing date, check that the address the court has for you is correct, and speak with an immigration attorney before the first hearing. Don't ignore it: missing a hearing can lead to a removal order in your absence.
Do I need a lawyer for immigration court?
You are not required to have one, but removal cases involve strict deadlines, evidence rules and forms of relief with detailed requirements. You have the right to be represented by a lawyer at your own expense; the government does not provide one.
Can I be deported without going to immigration court?
In some situations, yes. Expedited removal, reinstatement of a prior removal order and certain other procedures allow removal without a hearing before an immigration judge. Whether one of them applies depends on how and when you entered and your prior history.
Can a deportation order be reopened?
Sometimes. A motion to reopen is generally limited to one filing within 90 days of the final order, with exceptions, for example for orders entered in absentia without proper notice. Whether reopening is possible depends on the facts and the procedural history of the case.
What happens if I missed my immigration court hearing?
The judge may have ordered you removed in absentia. Check your case status with EOIR's Automated Case Information system using your A-number, and speak with an attorney quickly: some options to reopen the case have a 180-day deadline.
Can I get bond after being detained by ICE?
Some detained people can be released on bond, set by ICE or reviewed by an immigration judge. Many are not eligible because of how they entered, prior orders or criminal history, and the rules have changed since 2025, so eligibility needs to be checked case by case.
What should I do if my spouse or another family member was detained by ICE?
Find out where they are held using the ICE Online Detainee Locator, gather their identity and immigration documents and their A-number if you have it, and contact an immigration attorney. Don't sign anything on their behalf without advice.
How long do removal proceedings take?
It varies widely. Immigration courts carry a backlog of millions of cases, so cases of people who are not detained often take months or years. Cases of detained people usually move much faster.
Can Totu Legal help if I live outside California?
Yes. Immigration law is federal, and our attorney's California license allows him to represent clients before immigration courts and DHS anywhere in the United States. Many hearings are held by video; we discuss the logistics of in-person hearings case by case.
Can I speak with the firm in Polish?
Yes. Totu Legal serves clients in English and Polish, with offices in Beverly Hills, California and Warsaw, Poland, and remote consultations.
How quickly can I speak with someone?
Calling is the fastest way. You can also book a free 15-minute call; the calendar shows the next available time. Case review requests are read by our team, who contact you about the next step.
How much does deportation defense cost?
The scope and the fee depend on the stage and complexity of the case, for example a bond request, a full removal defense or a motion to reopen. We confirm both in writing before representation begins.
A step-by-step guide to removal proceedings: what a Notice to Appear means, what to do if ICE detains a family member, the main defenses against deportation, and the re-entry bars to avoid.
Read the article
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