Criminal defense counsel should be careful when including in a plea agreement an agreement not to contest removability. An agreement not to contest "removability" means that a noncitizen will not contest a finding by the court that they are subject to a ground of deportation, but arguably allows the noncitizen to make an application for relief from removal before the immigration court.



An agreement not to contest "removal," on the other hand, may be interpreted to mean that the noncitizen cannot make an application for relief, even if they are otherwise eligible. Thanks to David Gragert.