Has ICE detained you or someone in your family? Did you get a Notice to Appear? Removal defense starts now — the clock is already running. Immigration court deadlines are strict. If a judge orders removal while you are absent, it is very hard to undo. We handle removal defense in immigration court for clients across Indiana and in Chicago. Call 317-870-1494. Someone answers.
Detained by ICE? Bond hearings and release
When a family member is taken into immigration custody, the first question is almost always the same: how do we get them out? In many cases the answer is an immigration bond — but bond is not automatic, and not everyone is eligible. Certain criminal convictions and prior removal orders can trigger mandatory detention.
We appear at bond hearings before the immigration court, present evidence that the person is neither a flight risk nor a danger to the community, and argue for the lowest bond the facts will support. Where a bond has already been set too high, we can move for redetermination. Where detention is claimed to be mandatory, we examine whether the underlying conviction actually falls within the statute — that question is litigated more often than most people realize.
If someone has been detained, call before doing anything else. Their location, custody status, and facility all matter, and the sooner we know them, the sooner we can act.
Asylum, withholding of removal, and the Convention Against Torture
People who fear persecution or torture in their home country may be eligible for relief even after removal proceedings have begun. Asylum requires showing a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. Withholding of removal and protection under the Convention Against Torture carry different standards and different consequences, and in defensive proceedings these claims are frequently pled together.
These cases turn on documentation and credibility. Country conditions evidence, corroborating records, expert declarations, and careful preparation for testimony are what separate a granted claim from a denied one. We prepare the record and try the case in immigration court.
Cancellation of removal
Long-term residents facing removal may qualify for cancellation. For someone without lawful permanent residence, the statute generally requires ten years of continuous physical presence, good moral character, and — the hardest element — exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child. Lawful permanent residents face a different and shorter standard.
The hardship showing is where these cases are won or lost. It requires assembling medical records, school and psychological evaluations, country conditions evidence, and financial documentation into a coherent picture. It is document-intensive work, and it takes time to build properly.
Appeals, motions to reopen, and habeas corpus
An adverse decision from an immigration judge is not necessarily the end. Appeals to the Board of Immigration Appeals must be filed within a strict deadline. Motions to reopen and motions to reconsider have their own timelines and requirements. Where detention itself is unlawful or unreasonably prolonged, habeas corpus in federal district court may be available.
If you have already received a decision, bring us the paperwork promptly. In this area, the calendar is frequently the whole case.
Removal defense: what happens in immigration court
Removal proceedings — what most people call deportation — begin when the Department of Homeland Security files a Notice to Appear with the immigration court. What follows is a series of hearings — first a master calendar hearing, where pleadings are taken and relief is identified, and later an individual merits hearing, where the case is actually tried. Between them sit filing deadlines, evidence submissions, and biometrics appointments, any one of which can derail a case if missed. Removal defense begins the moment that document is served.
The immigration courts carry a backlog in the millions of cases. That backlog cuts both ways: it means delay, but it also means opportunity, and it makes procedural posture matter enormously. Depending on the facts, a case may be resolved through administrative closure or outright termination where the government’s paperwork or legal theory does not hold up.
Why clients choose our removal defense practice
Krasutsky & Hervey LLC represents clients in immigration court from offices in Greenwood, Indianapolis, and Chicago. Attorney Alex Krasutsky is admitted to practice in Indiana and appears as counsel of record before the U.S. immigration courts in Chicago and nationwide. Removal defense is the core of our immigration practice.
We take calls around the clock, because detention does not keep business hours. We speak Russian and Ukrainian in addition to English. One of our detention cases was the subject of reporting in The Daily Beast.
Speak with a removal defense attorney
Consultations are short, direct, and free. Tell us who has been detained, where, and what paperwork you have. We will tell you plainly what the options are. You can also contact us here, or read about our services на русском.
Call 317-870-1494 · Text 317-870-1999 · alex@kandhlegal.com
Greenwood · Indianapolis · Chicago