Facing Removal Proceedings?
Your Future in the United States May Depend on What Happens Next.

A Notice to Appear, or NTA, is the charging document used to begin removal proceedings. It identifies the factual allegations and legal charges the Department of Homeland Security is asserting and provides important information about your rights and obligations. Removal proceedings formally commence before the Immigration Court when DHS files the NTA with the court.Receiving an NTA does not automatically mean that you will be deported. You may be able to contest the government's allegations or charges, apply for relief or protection from removal, or pursue another legal strategy depending on your immigration history and circumstances.Because decisions made early in Immigration Court proceedings can affect what happens later, an NTA should be reviewed carefully and promptly. Pay close attention to all hearing notices and deadlines, keep your address current with the Immigration Court, and consider having an experienced immigration attorney evaluate the charges and potential defenses before your case progresses.

You are permitted to represent yourself in Immigration Court, and respondents have the right to be represented by a qualified attorney or other authorized practitioner—but not at the government's expense. Immigration Court is a civil administrative proceeding, so the government generally does not appoint an attorney for you as it may in a criminal case.Removal proceedings can involve questions of removability, admissibility, eligibility for relief, evidence, filing deadlines, motions, testimony and appellate rights. The government is represented by an attorney from the Department of Homeland Security. For these reasons, having experienced immigration counsel can be particularly important when determining what defenses or forms of relief may be available and how the case should be presented.At Alexanyan Law Group, we evaluate the individual facts, immigration history and available legal options before developing a strategy for Immigration Court.

A Master Calendar Hearing is generally a preliminary Immigration Court proceeding used to address pleadings, scheduling and other procedural matters. Depending on the case, the Immigration Judge may address the allegations and charges in the Notice to Appear, take pleadings, identify potential applications for relief, establish filing deadlines and schedule future proceedings.Importantly, current EOIR procedures do not mean that every represented, non-detained respondent will necessarily appear at a traditional Master Calendar Hearing. In certain represented cases, a scheduled hearing may be vacated and the court may instead issue a scheduling order requiring written pleadings and subsequent filings.Whether your case proceeds through an in-person Master Calendar Hearing or written scheduling procedures, these early stages can shape the remainder of the removal case. It is important to understand the government's charges and identify potential relief before making substantive representations to the court.

An Individual Hearing—also called an Individual Calendar Hearing or merits hearing—is generally the evidentiary hearing at which contested issues and applications for relief are decided. Unlike a preliminary Master Calendar Hearing, this is typically where the parties present evidence, testimony and legal arguments concerning removability or the relief being requested.Depending on the case, the respondent may testify and present witnesses and documentary evidence, and the Department of Homeland Security may examine witnesses, challenge evidence and oppose the requested relief. The Immigration Judge evaluates the evidence and applicable law and may issue a decision at the hearing or later.Preparation for an Individual Hearing can be extensive. Evidence, witness preparation, legal arguments and compliance with court filing deadlines can all affect how the case is presented. EOIR currently imposes specific pre-hearing filing requirements, subject to the Immigration Judge's orders.

Missing—or even arriving late to—an Immigration Court hearing can have serious consequences. If you fail to appear after legally sufficient notice, the Immigration Judge may conduct the proceeding in your absence and enter an in absentia removal order. EOIR specifically warns that delays in appearing for either Master Calendar or Individual Calendar Hearings may result in proceedings being conducted in absentia.In some circumstances, an in absentia removal order may be challenged through a motion to reopen—for example, where the person did not receive proper notice, was prevented from appearing by qualifying exceptional circumstances, or was in federal or state custody through no fault of their own. Different requirements and deadlines apply depending on the reason for the missed hearing.If you have already missed a hearing, it is important to determine the status of your case and obtain legal advice promptly rather than assuming that the court will simply reschedule it.

The defenses and forms of relief available in removal proceedings depend on the person's immigration history, family relationships, manner of entry, length of residence, criminal history, fear of returning to another country and many other factors.Depending on the circumstances, potential options may include asylum, withholding of removal, protection under the Convention Against Torture, adjustment of status, cancellation of removal, certain waivers, voluntary departure, or other forms of relief or protection. A respondent may also have grounds to contest whether the government has established removability in the first place. EOIR itself identifies several of these categories when describing possible relief from removal.There is no single defense that applies to every Immigration Court case. A careful review of the charging documents and the person's complete immigration and personal history is usually necessary to determine which options should actually be pursued.

Yes, in many cases. A person in removal proceedings may seek asylum as a defense to removal if they meet the applicable requirements. Depending on the circumstances, a person may also seek withholding of removal or protection under the Convention Against Torture. EOIR expressly identifies these as potential protections for individuals who fear returning to their country.For most people already in removal proceedings, the Immigration Court rather than the USCIS asylum office has jurisdiction over the asylum application. USCIS describes this as defensive asylum; limited jurisdictional exceptions can apply, including certain cases involving unaccompanied children.Asylum cases involve substantive eligibility requirements, evidentiary issues and filing rules. If asylum may be part of your removal defense, the case should be evaluated individually rather than assuming that a previously filed or potential asylum application automatically prevents removal.

Possibly. Being in removal proceedings does not automatically prevent every path to lawful permanent residence. Certain people in Immigration Court may be eligible to seek adjustment of status, and some forms of relief—such as cancellation of removal for qualifying nonpermanent residents—can result in lawful permanent resident status if granted. USCIS confirms that certain individuals in EOIR proceedings can apply for adjustment of status and other forms of relief from removal.Eligibility can depend on many factors, including the basis for the immigrant visa, manner of entry, visa availability, grounds of inadmissibility, prior immigration history and which agency has jurisdiction over the application. An approved or pending family- or employment-based petition alone should not be assumed to resolve the Immigration Court case.If you have a possible path to a green card while removal proceedings are pending, the immigration-court strategy and the underlying immigration-benefit strategy should be evaluated together.

Cancellation of removal is a form of discretionary relief that can allow certain individuals who meet specific statutory requirements to avoid removal. There are different forms of cancellation for lawful permanent residents and qualifying nonpermanent residents, and their requirements are substantially different.For certain nonpermanent residents, the requirements generally include at least 10 years of continuous physical presence, good moral character during the required period, no disqualifying offenses, and proof that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent or child. The applicant must also merit relief as a matter of discretion.For certain lawful permanent residents, different requirements apply, including requirements relating to the length of permanent residence and continuous residence and restrictions involving aggravated-felony convictions.Cancellation of removal is highly fact-specific, and rules governing continuous residence or physical presence, criminal history, qualifying relatives and hardship can be legally complex. Meeting basic threshold requirements also does not guarantee that relief will be granted.

In some cases, yes. DHS initially makes custody and bond determinations, but an Immigration Judge may have authority to conduct a separate bond hearing and reconsider the bond determination. Bond proceedings are separate from the underlying removal proceedings.However, not every detained person is eligible for an Immigration Judge bond hearing. Jurisdiction and eligibility can depend on the person's immigration status, manner of entry, criminal or security-related grounds, and the legal authority under which the person is detained. EOIR's current rules specifically identify categories over which Immigration Judges do not have bond jurisdiction.Where the Immigration Judge has jurisdiction, issues can include eligibility for bond, danger to persons or property, likelihood of appearing for future proceedings and national-security considerations. Because detention and bond law is particularly dependent on the facts and legal basis for custody, an individual assessment is important.

There is no single timeline for an Immigration Court case. Some removal proceedings move relatively quickly, particularly certain detained matters, while other cases may remain pending substantially longer.The length of a case can depend on the Immigration Court's docket, whether the person is detained, the complexity of the legal issues, the number and type of applications for relief, filing and evidentiary requirements, continuances, motions, scheduling of an Individual Hearing and whether an appeal follows the Immigration Judge's decision.For that reason, published averages or another person's case timeline may not reliably predict how long your own removal proceedings will take. You can monitor certain case-status and hearing information through EOIR's official case-information system, but not all cases or information are displayed there.More importantly, a long future hearing date should not be treated as a reason to postpone case preparation. Immigration Court proceedings can involve filing deadlines well before the final merits hearing, and failure to comply with deadlines may have serious consequences.

Potentially, yes. The existence of a pending immigration application or petition does not, by itself, necessarily stop removal proceedings or protect a person from removal.The effect of a pending or approved petition or application depends on what was filed, the person's immigration history, whether the filing provides any independent protection or status, whether the person is eligible for related relief, and whether USCIS or the Immigration Court has jurisdiction over the next step. USCIS recognizes that certain immigration benefits can be pursued in connection with EOIR proceedings, but the procedures and jurisdiction vary by benefit.For example, an approved immigrant petition may potentially provide a basis for pursuing adjustment of status in an appropriate case, but approval of the petition is not the same thing as receiving a green card or automatically terminating removal proceedings. EOIR separately identifies adjustment of status as a potential form of relief when an immigrant visa is immediately available and the person otherwise qualifies.If you have both an Immigration Court case and a pending or approved application or petition, the two matters should be evaluated together so that you understand whether—and how—the immigration benefit affects the removal proceedings.