Removal proceedings are the civil case, under INA § 240, in which an immigration judge decides whether a person may remain in the United States. The Department of Homeland Security starts the case by filing a Notice to Appear with the immigration court. The judge decides two questions: whether the government has proven its charges, and whether the person qualifies for relief that allows them to stay.
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| Where it is heard | Immigration court, part of the Executive Office for Immigration Review (EOIR) |
|---|---|
| What starts it | A Notice to Appear, Form I-862, filed by the Department of Homeland Security |
| Hearings | Master calendar hearings, then an individual (merits) hearing |
| Right to counsel | Yes, at no expense to the government; the court does not appoint one |
| Appeal | To the Board of Immigration Appeals, within 30 calendar days of the decision |
| Attorney fee | A flat fee for the matter, agreed in writing before work begins |
What are removal proceedings?
Removal proceedings are the case in immigration court that decides whether a person who is not a US citizen may stay in the United States. The Immigration and Nationality Act sets the rules in INA § 240. Immigration judges within the Executive Office for Immigration Review (EOIR), part of the Department of Justice, hear the cases.
The case is civil, not criminal. There is no jury, and the judge does not decide guilt. A DHS attorney represents the government, and you, the “respondent,” answer the charges. The judge first asks whether the government has shown that you are removable. Then the judge asks whether you qualify for relief that lets you remain anyway.
Removal proceedings are the main part of a deportation defense case. Some people spend years in them, living and working here while the case moves through the court’s calendar. If ICE has detained you, the case usually starts with a request for release at a bond hearing before the same court.
What does a Notice to Appear say?
A Notice to Appear, Form I-862, is the charging document in a removal case: it lists the factual allegations against you and the legal grounds DHS says make you removable.
- Your classification A box near the top says whether DHS treats you as an arriving person, someone present without admission, or someone admitted who is now removable. That choice shapes the rest of the case.
- The allegations Numbered statements of fact: your citizenship, when and how you entered, what status you held and, where relevant, a conviction.
- The charges The sections of the INA that DHS says apply, usually under § 212 for people not admitted and § 237 for people who were.
- The hearing information The court’s address and, sometimes, a date and time. If the notice leaves them blank, the court sends a separate hearing notice.
Read every allegation against your own documents. An entry date that is off by a year, or a status described wrongly, can affect which relief you are eligible for. The date the notice reached you also matters, because service of a proper notice stops the clock for cancellation of removal.
What happens at a master calendar hearing?
A master calendar hearing is a short, procedural immigration court hearing. The judge confirms who you are, takes your response to the charges and sets the schedule for the rest of the case.
The judge often hears many cases in the same session, so each one may take only a few minutes. At the first hearing, the judge explains your rights, including the right to an attorney at no expense to the government. If you do not have one yet, the judge usually gives you time to find one. The court provides an interpreter for the hearing in your language.
At a later master calendar hearing, you or your attorney enter pleadings. That means admitting or denying each factual allegation, conceding or contesting each charge, and naming the country of removal if the judge orders it. You then tell the judge which forms of relief you plan to apply for, and the judge sets a deadline to file them.
Pleadings are not a formality. Conceding a charge that DHS could not have proven can close off options that would otherwise have existed.
What happens at the individual hearing?
The individual hearing, sometimes called the merits hearing, is the trial of your application for relief: you testify, the government cross-examines, and the judge decides.
- Filing before the hearing Your attorney files the evidence, witness list and any legal brief by the court’s deadline, which is often weeks before the hearing date.
- Your testimony Your attorney asks you questions first. The judge may ask questions too. You can testify in your own language through the court interpreter.
- Cross-examination The DHS attorney asks questions, often testing dates, consistency with earlier applications and the documents in the file.
- Witnesses and argument Family members or others may testify. Each side then summarizes why the law supports its position.
- Decision The judge often rules orally at the end of the hearing. Some judges issue a written decision later.
Preparation matters more here than anywhere else in the case. Testimony that is consistent with your earlier applications and your documents is the core of most successful cases, and it comes from going through the file carefully beforehand.
What relief can an immigration judge grant?
An immigration judge can grant several forms of relief in removal proceedings. Which one fits depends on your history, your family and what you fear if returned.
| Relief | Who it is for | Where the law is |
|---|---|---|
| Asylum and withholding of removal | People who fear persecution in the country of removal | INA § 208 and § 241(b)(3) |
| Cancellation of removal | Certain permanent residents, and certain residents of ten years or more | INA § 240A |
| Adjustment of status | People eligible for a green card, often through family | INA § 245 |
| Waivers | People whose ground of removability the law allows to be waived | INA § 212(h), § 212(i), § 237(a)(1)(H), among others |
| Voluntary departure | People who agree to leave by a set date instead of receiving a removal order | INA § 240B |
Protection under the Convention Against Torture is also available to people who show it is more likely than not that they would be tortured. For asylum in particular, the asylum applications page explains the one-year deadline and its exceptions.
What happens if you miss an immigration court hearing?
If you miss a hearing and DHS shows that you received proper notice, the judge can order you removed in your absence. This is called an in absentia order.
The law allows two main ways to undo it. A motion to reopen filed within 180 days can rescind the order if exceptional circumstances beyond your control caused the absence, such as serious illness or the death of a close family member. A motion filed at any time can rescind it if you did not receive proper notice of the hearing. The motions to reopen page covers both routes.
An in absentia order also brings a ten-year bar on several forms of relief if the required warning about the consequences of failing to appear was given to you. That is why a current address on Form EOIR-33, filed within five days of any move, matters so much.
How does a removal case end?
A removal case ends in one of four ways: a grant of relief, an order of removal, voluntary departure, or termination or dismissal of the case.
- Relief granted You stay, with the status that relief brings: asylum, permanent residence, or protection from removal to a particular country.
- Order of removal The judge orders you removed. Either side can appeal to the Board within 30 calendar days, and a timely appeal generally keeps the order from being carried out while the Board decides.
- Voluntary departure You leave by a set date at your own expense. Failing to leave on time brings penalties and bars on later relief.
- Termination or dismissal The case ends without an order, because the charges fail, DHS withdraws them, or the law requires it.
If the judge denies relief, the BIA appeals page explains how the Board reviews that decision and what happens afterward.
What does representation in removal proceedings cost?
As your removal proceedings lawyer, we quote representation as a flat fee for the matter, agreed in writing before any work begins. It covers the stages set out in the agreement. It does not rise because the court reschedules a hearing or the case takes longer than expected. The government sets the filing fees for applications made in court, and you pay them separately. More detail is on the fees and consultations page.
The first consultation is free and takes about thirty minutes, in English, Armenian, Russian or Spanish.