Chicago Immigration Removal Defense Lawyer

Are you looking for an immigration removal defense lawyer in Chicago?

At Dworsky Law Firm, we provide removal defense representation from a firm with more than 25 years of practice and recognition from Super Lawyers.

If the government has placed you in removal proceedings, you have the right to defend the case in immigration court. Winning can mean defeating the charges against you or qualifying for relief that lets you stay. Either way, the outcome usually depends on the strength of the defense you leverage.

Dworsky Law Firm represents people fighting removal in the Chicago Immigration Court and, when it comes to that, on appeal. Our Chicago, IL immigration removal defense lawyer contests the charges, files for relief, and argues the case at every hearing. Reach out as soon as you receive a charging document.

Immigration Removal Defense Lawyer Chicago, IL

Removal defense is the work of representing a person the government is trying to deport. It happens in immigration court, where a judge decides whether the person can be removed or is allowed to stay. A defense can attack the government’s case, present relief the person qualifies for, or do both at once. Removal is a civil process, not a criminal one, which means the court will not appoint you a lawyer.

As of early 2024, only about one-third of people with pending immigration court cases had a lawyer, according to immigration court figures. In Chicago, the government is always represented by a trained attorney, while the person facing removal often stands alone, and enforcement has pushed more people into removal in recent years. A Chicago removal defense attorney levels that imbalance.

Types of Immigration Removal Defense Cases We Handle in Chicago

A removal case can be defended in more than one way, and the right approach depends on the charges and the person’s history. We handle every stage, from the first appearance through a federal appeal. These are the parts of a removal defense we take on for Chicago clients.

• Contesting removability. The government has to prove you are removable as charged, and sometimes it cannot. We review the Notice to Appear and the evidence, then challenge what does not hold up. The burden is on the government, not on you.
• Motions to terminate or suppress. A defective charging document or improperly obtained evidence can end or narrow a case. We file these motions where the facts support them.
• Bond and custody. For people in detention, release changes everything about a case. We seek a bond and argue for the lowest amount a judge will set. A bond hearing is separate from the removal case and can be won even when the main case is hard.
• The merits hearing. This is the trial of a removal case, where the judge takes testimony and evidence. We prepare the witnesses, the exhibits, and the legal argument that ties them together.
• Applications for relief. Where the defense means qualifying to stay, we file for the relief that fits, whether that is asylum, a route to a green card, or adjustment of status.
• Appeals to the Board of Immigration Appeals. A removal order can be appealed, and many are reversed or sent back for another hearing. We brief and argue these appeals.
• Motions and federal review. A closed case can sometimes be reopened, and a final order can be challenged in a federal court of appeals. We pursue those steps when they are warranted.

Why Choose Dworsky Law Firm as my Immigration Removal Defense Lawyer in Chicago, IL?

A removal case is won two ways: by defeating the charge or by proving a right to stay, and a real defense prepares for both at once. Many clients first search for help facing deportation; the defense is the same work under another name. As an immigration lawyer in Chicago, IL, we handle a case through every stage of the process. 

A Defense Grounded in Decades of Practice

Ashley Dworsky has defended people in immigration proceedings for more than 25 years, and that length of practice shows in the courtroom. He knows how the Chicago Immigration Court runs, what arguments this bench tends to credit, and how the government’s attorneys build their cases. His admissions extend to two federal courts of appeals, so a case that has to be appealed does not need a new lawyer. The Super Lawyers list has carried his name every year since 2019.

Carrying the Case Through Appeal

Not every removal case is won before the immigration judge, and a loss there is not the end. A removal order can be appealed to the Board of Immigration Appeals, and from there to a federal court of appeals. Those appeals turn on the record and on legal argument, which is why the defense at the first hearing matters even when an appeal looks likely. We handle the appeal ourselves, using the immigration court resources and the record we created, rather than sending a client to start over with someone new. Deadlines to appeal are short and unforgiving, so we move quickly once a decision is levied.

What Is Important to Understand About Removal Defense Cases?

The Two Ways to Beat a Removal Case

There are only two ways to win a removal case, and a strong defense keeps both in play. The first is to defeat the charge: the government must prove you are removable, and if its evidence or its paperwork falls short, the case can be terminated. The second is relief, which lets certain people stay even when removability is clear, whether through cancellation, a waiver, or a route to adjust status and a green card. 

Most cases pursue both at once, because a judge who rejects one path may accept the other, and a defense that ignores either one leaves an advantage on the table. 

What Is the Removal Case Timeline?

A removal case follows a fixed sequence of hearings, and the backlog can stretch it over years.

1. A Notice to Appear, which starts the case and lists the charges.
2. A master calendar hearing, where you respond to the charges and name your defenses.
3. Filing applications and evidence ahead of the merits hearing.
4. The individual, or merits, hearing, where the judge decides the case.
5. A decision, which the losing side can take to the Board of Immigration Appeals.

Detained cases move far faster, which is why counsel matters most, and soonest, when someone is being held.

What Are Important Aspects of a Removal Defense Case?

A few things shape how a removal defense goes.

• Showing up, because missing a hearing can lead to a removal order entered in your absence.
• The charges, since what the government alleges controls which defenses are available.
• Detention, which compresses the timeline and makes early action essential.
• Eligibility for relief, including whether you can seek asylum or qualify for another form of protection.
• The record, because an appeal later depends on what was built at the hearing below.

These pressures are heaviest in detained matters, and our work on deportation defense in Illinois has shown how much an early, organized defense can change. Getting counsel in before the master calendar hearing is the single best step a person can take.

What Should You Bring to Your Removal Defense Consultation?

Bring everything the government has sent you and anything that supports a defense. The sooner we see it, the better we can strategize.

• The Notice to Appear and any hearing notices in your case.
• Any applications or filings already submitted in the case.
• Records that rebut the charges or support relief, such as proof of your time here or family ties.
• Any records of arrests or convictions, however old.
• Contact information for witnesses who could help.

We will give you an honest read on the defenses available and on what your next hearing requires.

The Chicago Immigration Court and Removal Resources

Removal cases for the Chicago area are heard at the city’s immigration court, part of the Executive Office for Immigration Review.

• The court publishes immigration court resources for the public, including data on how long cases take.
• Hearing notices set your dates and deadlines, and missing one can end a case on its own.
• Detained cases are heard on a separate, faster track, so timing depends on custody.

Reach Out to Dworsky Law Firm to Schedule a Consultation

In immigration court, the government is represented by an experienced attorney whose job is to remove you. Facing that alone is the biggest disadvantage a person in removal can have. Dworsky Law Firm steps in on the other side, contesting the charges and building the case for relief. You can contact us the moment you receive a hearing notice. A Chicago removal defense lawyer can take a case from the first hearing through any appeal.