Facing removal proceedings in immigration court
Removal proceedings (often called deportation proceedings) start when the Department of Homeland Security (DHS) decides that a person who is not a U.S. citizen should be removed from the United States. It may begin with a Notice to Appear (NTA) in the mail, or with an arrest by Immigration and Customs Enforcement (ICE). Either way, the case moves on court deadlines, and decisions made early can shape what relief is still available later.
This page is for people who have received an NTA, have a family member in ICE custody, have missed a hearing, or have lost a case before an immigration judge. Usher Law Group represents clients in English, Russian and Spanish.
Who can be placed in removal proceedings
Anyone who is not a U.S. citizen can be charged as removable, including lawful permanent residents (green card holders). Common grounds include:
- Entering the United States without inspection
- Staying past the date allowed on a visa or I-94 record
- Violating the conditions of a visa, such as working without authorization
- Certain criminal convictions (see our crimmigration page)
- Fraud or misrepresentation in an immigration application
Be careful when applying for an immigration benefit while you are out of status. If USCIS denies the application, it may issue an NTA and refer the case to immigration court. This can happen, for example, when an affirmative asylum application is not granted. Get advice before you file.
What we handle
- Representation at master calendar and individual (merits) hearings in immigration court
- Challenging the charges in the NTA when the facts or the law do not support them
- Bond hearings and other requests for release from ICE detention
- Applications for relief, including asylum, withholding of removal and protection under the Convention Against Torture
- Cancellation of removal for lawful permanent residents and for certain long-term residents without status
- Adjustment of status in court, often based on a family relationship, with any waivers the case requires
- Voluntary departure when no other relief is realistic
- Motions to reopen after a missed hearing, and appeals to the Board of Immigration Appeals (BIA)
How the court process works
The Notice to Appear
The NTA lists the factual allegations against you, the legal charges, and sometimes the date and place of your first hearing. Read every allegation closely. Errors in your name, country, entry date or status matter and should be raised with the court.
Master calendar hearing
The first hearing is short and usually held with many other cases on the same docket. The judge confirms your identity and language, asks you (or your attorney) to respond to the allegations and charges, and asks what relief you intend to seek. The judge then sets deadlines for filing applications and evidence.
Individual (merits) hearing
This is the trial of your case. You testify, witnesses may testify, the government attorney cross-examines, and the judge decides whether to grant relief. The evidence you file before the deadline is usually the evidence the judge will consider.
Where your hearing takes place
Your hearing location and attendance instructions depend on the court assigned to your case. Review your hearing notice and confirm current information through EOIR. You can check your hearing date on the EOIR Automated Case Information portal and find court locations on the EOIR immigration court list.
Do not miss a hearing. If you do not appear, the judge can order you removed in your absence. Reopening that order is possible only in limited circumstances and on strict deadlines. If you moved, file a change of address with the court right away.
How we help
- Review the NTA, your immigration history and any criminal records to see whether the charges are correct.
- Request your records when needed, for example through FOIA requests to government agencies, so nothing in the government's file surprises you at trial.
- Identify every form of relief you may qualify for and explain the risks and timing of each.
- Prepare the applications, declarations, witness statements, country evidence and supporting documents.
- Prepare you to testify and to answer cross-examination.
- Appear with you at each hearing and, if the judge rules against you, advise you on appeal or other options.
Common forms of relief
- Asylum, withholding of removal and Convention Against Torture protection. For people who fear persecution or torture in their home country. Each has different standards and benefits.
- Cancellation of removal for green card holders. Generally requires at least five years as a permanent resident, seven years of continuous residence after admission, and no aggravated felony conviction.
- Cancellation of removal for people without a green card. Generally requires ten years of continuous physical presence, good moral character, no disqualifying convictions, and proof that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child.
- Adjustment of status. Some people can apply for a green card before the judge, for example through a U.S. citizen spouse or parent, if they meet the eligibility rules.
- Voluntary departure. Lets you leave at your own expense without a removal order. It has strict time limits, and failing to leave on time carries penalties. Leaving can also trigger other bars to returning, so it needs careful review.
What to do now
- Do not ignore the NTA or any hearing notice. Write down every date.
- Check your case on the EOIR portal using your A-number (the 8 or 9 digit number on your notices).
- Gather your passport, visas, I-94 record, all immigration notices, prior applications and any court or arrest records.
- Collect proof of your time in the United States and your family ties: leases, tax returns, school records, birth and marriage certificates.
- If a family member was detained, write down their full name, date of birth, country of birth and A-number if known.
- Do not sign papers from ICE that you do not understand. Ask to speak with a lawyer.
Appeals and deadlines
If an immigration judge orders you removed, an appeal to the BIA must generally be filed within 30 days of the decision. Motions to reopen or reconsider have their own short deadlines. After a final BIA decision, review may be available in a federal court of appeals, also on a short deadline. Because these time limits are strict, contact an attorney as soon as you receive a decision. For more background, see our article on deportation appeals.
To discuss your case, contact Usher Law Group for a free initial consultation.
Frequently asked questions
Can a green card holder be deported?
Yes. Lawful permanent residents can be placed in removal proceedings, most often because of certain criminal convictions, fraud, or long absences from the United States. Some permanent residents qualify for cancellation of removal or other relief, so the details of the case matter.
What happens if I miss my immigration court hearing?
The judge can order you removed in your absence. Such an order can sometimes be reopened, for example if you did not receive proper notice or had exceptional circumstances, but the deadlines are strict. Speak with an attorney right away.
How do I find my next hearing date?
Use the EOIR Automated Case Information portal with your A-number, and read every notice the court sends you. Your hearing location and attendance instructions depend on the court assigned to your case.
Is voluntary departure better than a removal order?
Voluntary departure avoids a formal removal order, which can matter if you later seek to return. It has strict departure deadlines and penalties for failing to leave, and other bars to returning may still apply. An attorney should review your history before you accept it.
How long do I have to appeal a judge's decision?
An appeal to the Board of Immigration Appeals generally must be filed within 30 days of the immigration judge's decision. Contact an attorney as soon as possible after a decision.