DACA in immigration court
DACA Lawyer for Immigration Court — When DACA Lapses, Ends or Leads to Court
Deferred Action for Childhood Arrivals (DACA) protects people who came to the United States as children from removal only while it lasts, and today the program is limited by years of litigation. When a renewal is missed, a grant is terminated, a trip goes wrong or an arrest leads to a Notice to Appear, the case moves to immigration court. Carlos Maury, a former U.S. Immigration Judge who heard cases at the Van Nuys Immigration Court, and before that served as government immigration counsel, represents DACA recipients and requestors in those cases and looks for the lasting relief the law may allow, in English and Spanish.
Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case.
Why a former immigration judge
DACA is decided by U.S. Citizenship and Immigration Services (USCIS), not by the immigration court. But many recipients are in removal proceedings, have an old removal order, or are placed in proceedings when DACA lapses or is terminated. There, a Department of Homeland Security (DHS) attorney presents the government's case, and the immigration judge decides what relief the law allows.
Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015. As a judge, he decided roughly six hundred asylum cases on their merits in recent years (TRAC judge report (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement (ICE) in Los Angeles, rising to deputy chief counsel, the side of the courtroom that decides whether to pursue a case, agree to a motion or take a position on relief.
So we read the USCIS file, the record and the charges the way the judge and the government attorney will, and plan for the day DACA may end. None of this can promise a particular outcome; every case turns on its own facts and the law.
What we handle
We focus on DACA where it meets removal proceedings, a criminal record or a path to permanent status.
- DACA renewals with complications. After an arrest, a gap or a trip. See work permits.
- Requests by people in removal proceedings or with an old order. An order is not, by itself, a bar.
- A Notice of Intent to Terminate. Answering USCIS before a grant ends.
- Criminal records and the DACA bars. See our criminal immigration lawyer page.
- A Notice to Appear. See the Notice to Appear and removal proceedings step by step.
- Cancellation of removal. Relief for long-term residents without a green card. See cancellation of removal.
- Adjustment of status. A green card through family or another petition. See adjustment of status.
- Advance parole and travel. Reviewing the risks before any trip.
- The whole removal case. See our deportation defense lawyer page and our deportation defense guide.
Where DACA stands today
According to the official USCIS DACA page (opens in new tab) as of our review (it was last updated January 24, 2025), USCIS continues to accept and process DACA renewal requests and the related work permit applications. USCIS also accepts initial DACA requests, from people who have never had DACA, but does not process them. Current DACA grants and the related work permits remain valid until they expire, unless they are individually terminated.
The reason is Texas v. United States. On September 13, 2023, the federal district court in the Southern District of Texas found the DACA Final Rule unlawful, while keeping a partial stay for people who received DACA before July 16, 2021. On January 17, 2025, the Court of Appeals for the Fifth Circuit issued a decision on the Final Rule, and USCIS said it would keep processing renewals.
Check the current status at the source
The litigation continues. Before you file or decide anything, check uscis.gov/DACA (opens in new tab) for changes after the date this page was reviewed. We do not describe later court orders here.
What DACA is, and what it is not
DACA began with a 2012 memorandum and is now a regulation, the DACA Final Rule (87 Fed. Reg. 53152, Aug. 30, 2022 (opens in new tab)), codified at 8 C.F.R. §§ 236.21 to 236.25. It is deferred action: a decision by DHS not to pursue a person's removal for a period, usually two years at a time.
DACA is not a lawful immigration status and not a green card. It confers no right to remain in or reenter the United States, and DHS may start removal proceedings at any time (8 C.F.R. § 236.21(c) (opens in new tab)). While it is in effect, a recipient is considered lawfully present for certain purposes and is not considered unlawfully present for the inadmissibility bars of INA § 212(a)(9). Those protections end when DACA ends.
USCIS may terminate a grant at any time in its discretion, generally after a Notice of Intent to Terminate and a chance to respond (8 C.F.R. § 236.23(d) (opens in new tab)). When DACA is terminated, the work permit tied to it ends automatically.
The DACA requirements
Under 8 C.F.R. § 236.22(b) (opens in new tab), the requestor must show, among other things, that he or she:
- first resided in the United States before turning 16;
- was born on or after June 16, 1981;
- has resided in the United States continuously since June 15, 2007;
- was physically present in the United States on June 15, 2012, and when filing the request;
- had no lawful immigration status on June 15, 2012, and when filing;
- is in school, has graduated or obtained a certificate of completion from high school, has a GED certificate, or is an honorably discharged veteran of the Coast Guard or the Armed Forces; and
- has not been convicted of a felony, a disqualifying misdemeanor or three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.
A requestor must also be at least 15 when filing, unless he or she is in removal proceedings or has a final removal order or a voluntary departure order. Even when every requirement is met, the decision is discretionary. The request is made on Form I-821D, together with Form I-765 and the I-765WS worksheet for the work permit.
Renewing on time
USCIS recommends filing a renewal 120 to 150 days before the expiration date on the current DACA approval notice. According to the USCIS DACA FAQ, a request filed within one year after DACA expires can still be a renewal; after that, or after a termination, it must be a new initial request, which USCIS is not processing now.
A criminal record and DACA
A felony conviction bars DACA. So does a single misdemeanor, as defined by federal law, if it is an offense of domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or driving under the influence, whatever the sentence. Any other misdemeanor bars DACA if the sentence included more than 90 days in custody; a suspended sentence does not count toward that. Three or more other misdemeanors, not on the same date or from the same act, also bar it (8 C.F.R. § 236.22(b)(6)).
For this rule only, expunged convictions, juvenile delinquency adjudications and state immigration-related offenses are not disqualifying. But USCIS still weighs the whole record in its discretion, and an arrest can lead to an ICE referral. Before any plea, your criminal defense lawyer should know how it affects DACA. See our criminal immigration lawyer page and our conviction self-check.
DACA in immigration court
USCIS has exclusive jurisdiction over DACA. The immigration judge cannot grant DACA or review a USCIS decision on it (8 C.F.R. § 236.23(a)(2)). The same rule says that a voluntary departure order or a final removal order is not a bar to requesting DACA, that a person in removal proceedings may request it even if the case is administratively closed, and that a person in ICE detention may request it but cannot be approved unless ICE releases them before USCIS decides.
A denial has no administrative appeal. USCIS says it will not issue a Notice to Appear based on a denial unless the case involves fraud, a threat to national security or public safety concerns (8 C.F.R. § 236.23(c)). Information in a request is generally not used to start removal proceedings, with the same exceptions.
If DACA lapses or is terminated
Without DACA, the protection from removal and the work permit end, and unlawful presence can begin to accrue again. A closed removal case may be put back on calendar, and an old removal order may be enforced. Act quickly.
Prosecutorial discretion
The DHS attorney may agree to, or not oppose, a request to dismiss or administratively close a case, depending on current DHS policy and the record. We support that request with evidence of studies, work and family, while preparing the defense in case it is refused.
Defenses in removal proceedings
- Cancellation of removal for non-permanent residents. Generally requires ten years of continuous physical presence, good moral character, no disqualifying conviction, and exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child (INA § 240A(b) (opens in new tab)). The ten years can stop when a Notice to Appear is served. See cancellation of removal.
- Asylum, withholding of removal and protection under the Convention Against Torture. For people who fear return, subject to deadlines and bars. See our asylum lawyer page.
- Adjustment of status. A green card through a family or other petition, where the law allows it. See adjustment of status.
- Temporary Protected Status. For nationals of a designated country who qualify. See our TPS lawyer page.
- Detention and bond. When ICE holds a person whose DACA has lapsed. See when a loved one is detained by ICE.
Travel and advance parole
A DACA recipient should not leave the United States without advance parole, requested on Form I-131. According to USCIS, it is generally issued only for humanitarian, educational or employment purposes, not for vacation. USCIS strongly encourages getting it before departure, warning of a significant risk of being unable to return. A recipient who leaves without advance parole and reenters without inspection can have DACA terminated (8 C.F.R. § 236.23(d)(2)).
For a person with a removal order, USCIS warns that leaving before the case is reopened and closed or terminated may count as being deported.
Why a lawful return can matter later
Adjustment of status under INA § 245(a) (opens in new tab) generally requires that the person was "inspected and admitted or paroled." Many DACA recipients entered without inspection and cannot meet that requirement. A return to the United States on advance parole is a parole, so for an immediate relative of a U.S. citizen, such as a spouse or the parent of a citizen who is 21 or older, it may later make adjustment inside the country possible. In Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), the Board held that a trip abroad under advance parole by an adjustment applicant was not a departure that triggers the ten-year unlawful presence bar. How far that helps a given traveler depends on the facts, so we review the whole history before any trip and promise no result.
Paths to a green card
DACA itself never leads to a green card. Some recipients qualify through another route:
- Marriage to a U.S. citizen. See our marriage green card lawyer page.
- Other family petitions. By a citizen or permanent resident parent, or a citizen son, daughter, brother or sister. See our green card lawyer page.
- Employment. An employer petition, where the law allows it.
- A U visa. For victims of certain crimes who help law enforcement. See our U visa and VAWA lawyer page.
Each route has limits. Unlawful presence accrued before DACA, after age 18, can trigger the three- and ten-year bars when the person leaves the country (INA § 212(a)(9)(B) (opens in new tab)), and reentering without inspection after more than a year of unlawful presence or after a removal can trigger the permanent bar of INA § 212(a)(9)(C). Some of these grounds can be forgiven. See our immigration waiver lawyer page and inadmissibility and waivers.
Mistakes that can hurt a DACA case
- Letting DACA lapse. After a year, a renewal becomes an initial request that USCIS is not processing.
- Traveling without advance parole. It can end DACA and leave you outside the country.
- Pleading guilty without an immigration analysis. One misdemeanor can be enough.
- Assuming DACA protects against a new arrest. It does not stop ICE from acting.
- Ignoring a Notice to Appear or a hearing notice. The judge can order you removed in your absence.
- Letting a notario handle it. A "notario" is not a lawyer.
- Filing for a green card without a review. It can expose old entries, orders or arrests.
Serving Los Angeles & Southern California
Our office is in Van Nuys, in the San Fernando Valley, and we regularly handle cases in the immigration courts of Los Angeles and Southern California:
- Los Angeles immigration court
- West LA immigration court
- Van Nuys immigration court
- Santa Ana immigration court
- Adelanto immigration court (detained cases)
- San Diego immigration court
- Otay Mesa immigration court (detained cases)
- Imperial immigration court
See all Los Angeles-area immigration courts.
Our page on the Southern California immigration courts covers all eight court locations, including the border courts in San Diego, Otay Mesa and Imperial.
Immigration law is federal, so we represent DACA recipients across the country. We appear in immigration courts in all 50 states, in person or by video where the court allows. Find your court among all 77 immigration courts. Meetings at the Van Nuys office are by appointment only.
Carlos Maury is licensed in Florida. Practice limited to federal immigration law; we represent clients in all 50 states.
About Carlos Maury
Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015 (EOIR announcement (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement in Los Angeles, rising to deputy chief counsel. Before that he was district counsel for the former Immigration and Naturalization Service in Miami from 2000 to 2002, and an assistant public defender in Florida's Eleventh Judicial Circuit from 1993 to 2000.
He earned his J.D. from the University of Miami School of Law in 1992 and his B.A. from City College of the City University of New York in 1989. He is a member of The Florida Bar (No. 964239) and works with clients in English and Spanish. Read more about Carlos Maury.
Frequently asked questions
Is USCIS accepting new DACA applications?
As of this page's review, USCIS accepts initial DACA requests but does not process them, because of the Texas v. United States litigation; it still processes renewals. Check uscis.gov/DACA for changes.
Is DACA a legal status or a green card?
No. DACA is deferred action, a decision not to pursue removal for a period. It is not a lawful status and does not lead to a green card by itself. While it lasts, unlawful presence does not accrue.
When should I file my DACA renewal?
USCIS recommends filing 120 to 150 days before the expiration date on your current approval notice. According to USCIS, if more than a year passes after DACA expires, you must file a new initial request, which USCIS is not processing now.
Can I request DACA if I am in removal proceedings or have a removal order?
Yes, if you meet the requirements. A removal order or voluntary departure order is not a bar. The request goes to USCIS; the immigration judge cannot grant it. A person in ICE detention cannot be approved unless released first.
Which criminal convictions bar DACA?
A felony; one misdemeanor such as DUI, domestic violence, burglary, a firearm offense or drug distribution; any other misdemeanor with more than 90 days in custody; or three or more other misdemeanors. Get an immigration review before any plea.
Can I travel outside the United States with DACA?
Only with advance parole, requested on Form I-131 for humanitarian, educational or employment purposes. Leaving without it can end DACA and leave you unable to return.
What happens if my DACA expires or is terminated?
Protection from removal and the work permit end, and unlawful presence can begin to accrue again. A closed court case may resume, and an old removal order may be enforced. Call promptly.
Can Carlos Maury influence the judge deciding my case?
No. Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case. What he offers is preparation and experience, not access.
Do you handle DACA cases at the Los Angeles-area immigration courts?
Yes. We handle removal cases of DACA recipients at the Los Angeles, Van Nuys, West LA and Santa Ana immigration courts, at Adelanto for detained cases, and further south at San Diego, Otay Mesa and Imperial. Our office is in Van Nuys, in the San Fernando Valley, and meetings there are by appointment only. We also take cases at any immigration court nationwide.
Do you take cases outside California?
Yes. Immigration law is federal, so we represent clients in immigration courts in all 50 states, in person or by video where the court allows. Carlos Maury is licensed in Florida, and the practice is limited to federal immigration law.
Talk with a former immigration judge about your DACA case
Whether your DACA is expiring, USCIS wants to terminate it, you received a Notice to Appear, or you want to know whether a green card is possible, call to discuss your case. Hablamos español.