Facing Removal Proceedings
Deportation — formally known as removal — is the process by which the U.S. government orders a foreign national to leave the country. If you or a loved one has received a Notice to Appear (NTA) in immigration court, it is critical to understand your rights and the defenses available to you.
Common Grounds for Removal
- Entering the United States without inspection
- Overstaying a visa or violating the terms of admission
- Criminal convictions (aggravated felonies, crimes involving moral turpitude, controlled substance offenses, firearms offenses, domestic violence)
- Immigration fraud or misrepresentation
- Failing to maintain lawful status
- Public charge (in limited circumstances)
Defenses Against Removal
Cancellation of Removal: Available to certain permanent residents (with 7 years of continuous residence and 5 years as an LPR) and non-permanent residents (with 10 years of continuous physical presence and exceptional hardship to a U.S. citizen or LPR spouse, parent, or child).
Asylum and Withholding of Removal: Protection for those fleeing persecution. See our Asylum Guide.
Voluntary Departure: Allows the individual to leave the U.S. at their own expense within a specified period, avoiding a formal removal order and its associated bars to reentry.
Adjustment of Status: If eligible for a green card through a family or employment petition, an individual may apply during removal proceedings.
Prosecutorial Discretion: In some cases, ICE may exercise discretion to close or administratively dismiss removal proceedings.
The Removal Process
- Notice to Appear (NTA) — Charging document initiating removal proceedings
- Master Calendar Hearing — Initial court appearance to establish identity, charges, and relief sought
- Individual Hearing (Merits Hearing) — Full trial before an immigration judge with testimony and evidence
- Decision — The judge grants relief or orders removal
- Appeal — Either party may appeal to the Board of Immigration Appeals (BIA) within 30 days
Your Rights in Immigration Court
- Right to be represented by an attorney (at your own expense)
- Right to examine and object to evidence
- Right to present witnesses and evidence in your favor
- Right to appeal an adverse decision