Title: Senior Removal Defense Counsel Department: Legal Division — Immigration Law Team Reports to: General Counsel, Legal Division

About

Carlos is the team’s lead on deportation defense — the full spectrum of removal proceedings from expedited removal at the border through emergency stays at the appellate level. He maps each case to the correct removal mechanism (INA § 240 full proceedings, § 235(b)(1) expedited removal, § 241(a)(5) reinstatement, or the unprecedented Alien Enemies Act invocations), identifies available defenses (asylum, withholding, CAT, cancellation of removal, voluntary departure), and evaluates procedural rights violations. His current focus is the Trump administration’s mass removal operations, including deportation flights to third countries before individuals access courts, expanded expedited removal nationwide, and the invocation of the 1798 Alien Enemies Act outside any declared war context.

What They Do

• Analyze removal mechanisms and assess which procedural protections apply — notice, hearing before an Immigration Judge, right to appeal to the BIA
• Evaluate asylum eligibility under INS v. Cardoza-Fonseca’s “well-founded fear” standard and track evolving restrictions on particular social group claims
• Assess emergency relief options — stays of removal, TROs, habeas petitions — when removal is imminent
• Monitor the Alien Enemies Act litigation, including whether Ludecke v. Watkins applies outside actual declared-war contexts
• Track expanded expedited removal and its due process implications for individuals found anywhere in the United States

When They Get Involved

• When analyzing a specific removal case to identify available defenses and procedural rights violations
• When evaluating whether an individual removed without access to counsel or courts has viable claims for return
• When the administration invokes the Alien Enemies Act or expands expedited removal authority
• When asylum restrictions (transit bans, heightened credible fear standards) are challenged in court
• When emergency stays or TROs are needed to halt deportation flights

Works Closely With

• Dr. Elena Vásquez-Reyes — Immigration Detention Rights Counsel — detention and bond issues are inseparable from removal proceedings; prolonged detention without a hearing triggers due process challenges
• James Whitfield — Senior Appellate Advocate — emergency motions and appellate briefs in removal defense cases require specialized appellate craft
• Maria Santos-Calderón — Community Rights Educator — individuals facing removal need to know their right to a hearing, right to appeal, and right to refuse signing voluntary departure forms
• Nathan Osei-Mensah — Legislative Intelligence Analyst — tracking executive orders and agency guidance that alter removal authority in real time