Deportation in the U.S. is a court proceeding before an immigration judge, not immediate removal. Permanent residents convicted of certain crimes can face it too. The person summoned has the right to an attorney (at their own expense), can mount a defense and appeal the decision — but the appeal deadline is short.
For many people, the word “deportation” means being stopped at the border or a raid at a workplace. Yet a large share of cases involve people who have lived in the U.S. lawfully for years, hold a green card, have family and work — and were once convicted of a crime. As the website of attorney Przemysław Jan Bloch’s law office describes, permanent residents convicted in criminal cases are sometimes handed over directly to immigration authorities after serving their sentence and go through deportation proceedings without leaving detention, and bond is very rarely granted in such situations.
This guide explains what proceedings before an immigration court look like, which crimes most often have immigration consequences and what is worth doing right after receiving a notice to appear. It does not describe the defense strategy in any particular case — that always depends on the conviction, the history of stay and the family.
What do deportation proceedings before an immigration judge look like?
Under 8 U.S.C. § 1229a, whether a noncitizen is removable from the U.S. is decided by an immigration judge in a court proceeding. Immigration courts operate within the Executive Office for Immigration Review (EOIR) at the Department of Justice — a different institution from USCIS, which decides applications for green cards or citizenship. Proceedings begin with a charging document called a Notice to Appear, which lists the allegations and the legal grounds.
The first hearings are usually procedural: the judge confirms identity, the charges and whether the person has a representative. The actual hearing, where evidence and any applications for protection from deportation are presented, comes later. The law guarantees the right to representation by an attorney — but at the person’s own expense, not the government’s. This means that, unlike in criminal cases, the court will not appoint counsel.
Proceedings can be long and multi-stage, and the outcome is not predetermined. Even if the judge issues a removal order, that does not have to be the end of the case. Appeals from immigration judges’ decisions are decided by the Board of Immigration Appeals, and a timely appeal generally stays execution of the order until it is decided.
The situation of a detained person differs from that of someone who is not in custody. In some cases it is possible to ask the judge for release on bond, but for certain crimes the law provides for mandatory detention for the duration of the proceedings. Which situation a person is in depends mainly on the type of conviction — and it is one of the first questions that must be clarified.
Which convictions have immigration consequences, and what determines the cost of a defense?
8 U.S.C. § 1227(a)(2) lists several groups of crimes that may be grounds for deportation: crimes involving moral turpitude, multiple criminal convictions, so-called aggravated felonies, controlled substance offenses, certain firearm offenses, and crimes of domestic violence, stalking, violation of a protection order and crimes against children. Whether a specific conviction falls into one of these categories depends on the exact wording of the criminal statute and the case documents.
That is why it is so important for a green card holder facing a criminal case to check the immigration consequences before pleading guilty or accepting a plea deal. A conviction that seems “lenient” from a criminal law perspective can have serious immigration consequences — and vice versa.
Once a conviction is final, two levels are analyzed. The first is the immigration case: whether the conviction really falls into the category the government cites and which forms of protection from deportation may apply. The second is the criminal case itself — in some situations it is considered whether there are grounds to revisit the conviction in criminal court. Both levels require detailed knowledge of the record.
The cost of a defense in a deportation case depends on its complexity: the number of hearings, the need to obtain records from criminal courts, expert opinions, a possible appeal and whether the person is detained. The specific fee is set after reviewing the file. Court fees apply, among other things, to certain applications for relief and to appeals.
In deportation cases time matters — please call: 718-522-6773
The Polish community in New York and deportation cases — what to keep in mind
The immigration courts serving New York are located in Manhattan, and detained individuals may have hearings held at detention facilities, sometimes outside the city. For families in Greenpoint, Ridgewood or Maspeth this adds difficulty: staying in touch with a loved one in detention, gathering documents and traveling to hearings. It is worth deciding from the start who in the family will be responsible for contact with the law office and for collecting paperwork.
Travel is a separate issue. A permanent resident with a criminal conviction who leaves the U.S. — even to Poland for the holidays or a family funeral — may be treated on return as a person seeking admission, and the case may end up before an immigration court straight from the airport. Before every trip it is worth checking whether the criminal history creates such a risk.
Deadlines are critical. There is little time to appeal an immigration judge’s decision, and the clock runs from the date of the decision. In February 2026 the government tried to shorten the deadline from 30 to 10 days by an interim rule, but in March 2026 a federal court in Washington, D.C. set that change aside, and the final rules may still change. That is why the deadline that applies in a specific case must be confirmed immediately after the judge’s decision.
Those interested in other family immigration matters — such as sponsoring relatives — will find more in the guide how long the wait is for a family green card.
How to prepare for your first consultation at the law office
- The notice to appear and other papers. The Notice to Appear, hearing notices, letters from immigration authorities. Dates and the case number (A-number) are needed from the first conversation.
- The complete criminal case file. The indictment or complaint, the judgment, documents on the plea and the sentence served. Saying “I was convicted” is not enough — the exact statute and the wording of the judgment matter.
- Immigration documents. Green card, passports, earlier USCIS decisions, history of entries to and departures from the U.S.
- Information about family and ties to the U.S. Spouse, children, parents — their status, civil records, evidence of a shared life, employment and tax payments. These may matter for certain forms of protection.
- A list of deadlines. The next hearing, filing deadlines, the date of the judge’s decision. With short appeal deadlines, every hour counts.
Przemysław Jan Bloch, P.C. has handled immigration cases, including deportation cases, since 1998 — see the firm’s profile and the matters it handles.
Mistakes that make a deportation case worse
The most serious mistake is failing to appear at a hearing. Absence can result in a removal order issued in the person’s absence, and reversing such a decision is difficult. The second mistake is changing address without notifying the court — mail then goes to the old address and deadlines pass.
The third mistake is waiting “until a letter arrives.” With a short appeal deadline, the decision to appeal must be made almost immediately after the immigration judge’s ruling. The fourth is pleading guilty in a criminal case without checking the immigration consequences, which are later very hard to undo.
Deportation proceedings are a process with rights, procedures and real possibilities of defense. Every case is different — a different conviction, a different history of stay, a different family — and that is why the assessment must rest on documents, not on the experiences of friends.
If you or someone close to you has received a notice to appear in immigration court, or has a criminal case while holding a green card, please do not wait. Schedule a consultation with Przemysław Jan Bloch, P.C.: 718-522-6773
Every case requires an individual assessment — please contact Przemysław Jan Bloch, P.C. about your situation. This guide is for informational purposes only and does not constitute legal advice.
Attorney Advertising.
