Holzbaur Law
Defending a case in immigration court
A Notice to Appear is the beginning of a court case, not the end of a life here. Most people have more options than they are told.
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Holzbaur Law
A Notice to Appear is the beginning of a court case, not the end of a life here. Most people have more options than they are told.
Holzbaur Law defends people in removal (deportation) proceedings before the immigration courts that hear Jacksonville cases, and on appeal, whether the person is detained in Baker County or living at home with a hearing date years away.
Removal proceedings begin when the government files a Notice to Appear (NTA) with the immigration court. The NTA lists why the government says the person can be removed. The case then moves through one or more short master calendar hearings, where the charges are answered and the defense is identified, to an individual hearing, where evidence and testimony are presented and the judge decides. A loss can be appealed to the Board of Immigration Appeals and, in some cases, to the federal court of appeals.
The defense depends on the person's history: how long they have lived here, family who are citizens or residents, fear of return, prior applications, and any criminal record. Attorney John Holzbaur reviews all of it at the first meeting and tells you plainly what relief is realistic. Because he also practices criminal defense, he handles the cases where a Florida charge is what put the immigration case in motion.
Forms of relief
For long-time residents. Green-card holders need seven years of residence and five as a permanent resident, with no aggravated felony. People without status need ten years of continuous presence, good moral character, and proof that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or resident spouse, parent, or child. If granted, the person receives or keeps a green card.
For people who fear persecution or torture if returned. Asylum must generally be filed within one year of arrival unless an exception applies; withholding of removal and protection under the Convention Against Torture have no deadline but a higher standard. These cases are won or lost on documentation and credible, detailed testimony.
Some people in proceedings can become permanent residents through a U.S. citizen spouse, parent, or adult child, sometimes with a waiver for a prior unlawful entry or a criminal issue. The judge can grant the green card and terminate the case.
An order of removal can be appealed to the Board of Immigration Appeals within 30 days. An old order, including an order entered in absentia because the person never received notice of a hearing, can sometimes be reopened. If you have an old deportation order, do not assume nothing can be done.
How we work
We request the immigration file (FOIA), court records, and any criminal dispositions, and verify the NTA itself, defective charging documents have ended cases.
We identify every form of relief the person qualifies for, explain the odds and the timeline honestly, and pursue more than one when the law allows.
Declarations, country-condition evidence, expert and medical reports, hardship documentation, and witness preparation, in English and Spanish.
John personally handles every hearing. If the judge rules against you, we evaluate and file the appeal, and we tell you if an appeal is not worth your money.
Jacksonville cases
Jacksonville has no immigration court. Cases for North Florida residents and for people detained in Baker County are assigned to the Orlando Immigration Court; some older cases sit in Miami. Appeals go to the Board of Immigration Appeals in Virginia and then to the Eleventh Circuit in Atlanta. We handle all of it from our downtown Jacksonville office.
Detained cases move in weeks; non-detained cases can take years to reach an individual hearing. Many hearings are by video. Missing one results in an in absentia removal order.
Many Jacksonville removal cases start with a Duval County arrest. A plea negotiated with the immigration consequences in mind can preserve relief; the wrong plea can eliminate it. John handles both.
Petitions for review of BIA decisions go to the U.S. Court of Appeals for the Eleventh Circuit. Detention-related challenges are filed in the Middle District of Florida, where John is admitted.
Questions
Free consultation
Leave your name and a phone number, and we will call you. Please do not include an A-number, a date of birth, or case details in this form. We answer in English or Spanish, usually the same business day.
Get started
Free consultation in English or Spanish. Call, and keep the Notice to Appear for that conversation.
Serving Jacksonville, Baker County, and North Florida, including NAS Jacksonville, Naval Station Mayport, and the Middle District of Florida.